Effective on: 1/1/1901

1. One or two-family residential development.
2. Reconstruction or replacement of a lawfully existing use or structure following a casualty loss.
3. Remodeling, rehabilitation, or improvements to existing uses or structures that does not substantially change the location of structures, parking, or other site improvements.
4. Additions or enlargements to existing uses or structures that increase gross floor area or impervious coverage area by less than 20 percent established on the site on the effective date of this Ordinance. Where such cumulative additions or enlargements are between 20 and 50 percent, the required landscaped area shall be the corresponding percentage of the landscaped area that would otherwise be required for the development. For example, if the development adds 40% to either the gross floor area of the building or the impervious coverage area of the site, the required landscaped area shall be 40% of the landscaped area otherwise required for the development. This landscaped area shall be applied to the Street Landscape Border and the Streetyard. Where such cumulative additions are 50 percent or greater, no exceptions are allowed.

Effective on: 1/1/1901

1. Application Type, Review and Approval

Table 14.1 shows the type of landscape plan application, the review process and the approval process.

2. Landscape Plan Submittal Requirements

The Landscape Plan submitted for review is not necessarily a construction document, but must contain information complete enough to demonstrate the design of landscaping and associated features, and to provide a document detailed enough to be enforceable. The plan shall contain the following information at a minimum:

1. 1. Drawings at a scale no smaller than 1 inch = 50 feet. Drawings shall include north arrows, scale, street address, street names, and the name and address of the person or firm preparing the plan.
   2. Calculations of the entire site area, the area required for landscaping by this ordinance, including Street Landscape Borders, streetyards, public right-of-way, bufferyards, and perimeter and interior parking lot landscaping; and the required quantities of trees, shrubs, ground cover, and other materials required within these landscaped areas. The Landscape Calculations Table and Worksheet shall be obtained and filled out by the applicant and returned as part of the Landscape Plan submittal.
   3. Overall site plan, indicating location of major site features, structures, parking, site circulation, public streets and rights-of-way, pedestrian circulation, site amenities, and other features.
   4. Existing landscaped areas, including plant materials, location, size, species, and condition, and indication whether existing materials will remain or be removed.
   5. Planting plan, including location of all materials, size, and scientific and common name of each plant material. The planting plan includes the location and type of all ground covers, including non-living materials, and all other landscape features and structures.
   6. Location and design of all screening elements required by this ordinance.
   7. Grading plan showing berms, landforms, and stormwater management facilities, with contours shown at no less than two-foot intervals.
   8. A maintenance obligation statement, signed by the owner, defining responsibility for ongoing maintenance of specific areas, including public rights-of-way, private on-site improvements, and stormwater management facilities. The Maintenance Obligation Statement shall be provided to the Public Works Department at the time that the Landscape Plan is submitted.
   9. A development obligation statement that establishes the responsibility of the developer or owner to install landscaping and irrigation according to these regulations. The Development Obligation Statement shall be provided to the Public Works Department at the time of Landscape Plan submittal.

3. Financial Security: Installation

All landscaping shown on the approved Landscape Plan shall be installed prior to the issuance of a Certificate of Occupancy. The Community Development Director or their designee may issue a provisional Certificate of Occupancy, permitting occupancy of the building prior to complete installation of landscaping, subject to all of the following provisions:

1. 1. The installation fully complies with the Landscape Plan within twelve months of the effective date of the Certificate of Occupancy.
   2. The developer or owner submits surety by performance bond, certificate of deposit, letter of credit, or other security approved in writing by the City Attorney satisfactory to the City in the amount of 150% of the value of a bona fide contract to install the landscaping and screening. Such contract shall be submitted to the City along with the surety at the time of application for the Certificate of Occupancy, and shall be reviewed and approved by the Community Development Director or their designee. If the developer or contractor is not responsible for the installation of required landscaping, the owner shall provide the necessary surety and the provisional Certificate of Occupancy shall be given in the name of the owner.
   3. The developer or owner shall grant the City express written permission to enter upon the site to cause the installation of required landscaping and screening if this has not been completed within twelve months of the effective date of the Certificate of Occupancy.

4. Financial Security: Maintenance
   1. The owner of any development that requires approval of a Landscape Plan shall submit surety by performance bond, certificate of deposit, letter of credit, or other security approved in writing by the City Attorney satisfactory to the City in the amount of 100% of the value of a bona fide contract to purchase and replace all the living plant materials required for landscaping. Such contract shall be submitted to the City along with the financial security at the time of application for the Certificate of Occupancy, and shall be reviewed and approved by the Community Development Director or their designee.
   2. The financial security shall remain in force for a period of 36 months from the date of completion of the landscape installation by the owner. The financial security shall be released if, at the end of 36 months, the City finds that all required landscaping is properly installed, maintained, and living.
   3. The owner shall grant the City express written permission to enter upon the site to cause the installation, replacement, or maintenance of any required landscaping or screening that has not properly been installed or maintained by the owner during the effective period of the financial security; and shall use the proceeds of the financial security to pay for such installation, replacement, or maintenance.

Effective on: 1/1/1901

Plantings shall be used in any required landscaped areas consistent with the latest revision of Trees and Shrubs of Gillette & Campbell County, provided through the Public Works Department.

2. Use of Non-Living Landscaping Materials
   1. No artificial trees, shrubs, plants or turf shall be used for landscaping.
   2. At least 50% of the area required for landscaping shall have a canopy cover of living plant material appropriate for xeriscape application. Xeriscape applications shall be designed to cover no less than 50% of the canopy cover with living materials within five years of installation. Living materials in xeriscape areas may include ground covers, shrubs, the spread of evergreens, or the crowns of deciduous trees. Non-living materials, such as stone, river rock, bark, wood chips, decorative pavers, and other materials may be used for the remainder of the area. Other concrete and/or asphalt pavement surfaces shall not be used within the minimum required landscaped area, except for driveways and walkways that provide access to parking areas or to building entrances.
   3. Scoria or limestone gravel shall not be permitted within any required landscape area.
   4. Loose rock or other loose non-living materials shall not be permitted within any required landscape area unless they are contained in such a way as to prevent their encroachment into parking areas, driveways, sidewalks, streets, or trails.

Effective on: 1/1/1901

1. Street Landscape Border refers to the depth of landscaping required along the edge of a private property adjacent to the public right-of-way.
2. If the building is more than 100 feet back from the public street right of way/property line, then the minimum streetyard area to be landscaped is calculated using the first 100 feet of the streetyard.

The accompanying illustrations describe the location of these streetyards for various contexts. (See Exhibit 14-1 through 14-10).

3. When streetyard landscaping is existing, it will be considered in the overall requirements of this ordinance. Each property will be evaluated on a case by case basis. When the landscaping exists on the public right of way, an owner may request a reduction in the amount of landscaping on private property and pay a fee-in-lieu.

Effective on: 1/1/1901

1. The adjacent private property owner is responsible for landscaping and maintaining the public right of way from the back of curb to the property line, unless maintenance responsibilities are undertaken by the City of Gillette or the State of Wyoming.
2. Landscaping of public rights-of-way will be consistent with all standards and regulations for materials and installation contained in this ordinance.
3. Irrigated grass or ground covers will be the primary ground cover in public right-of-way areas. The same grass or ground cover treatment shall be used in adjacent public rights-of-way and Street Landscape Border areas addressed in this section.
4. Up to 50% of the average depth of landscaped areas within public rights-of-way between the inside edge of the sidewalk or trail and the property line may be credited toward satisfaction of the required minimum depth for the Street Landscape Border, provided that:
   1. The depth of the Street Landscape Border on private property is no less than 50% of the minimum depth required by Table 14.2.
   2. The area of public right-of-way credited toward satisfaction of Street Landscape Border requirements is landscaped in accordance with the requirements for the Street Landscape Border, set forth in Section 14(g)(1). These requirements are in addition to plantings otherwise required for public rights-of-way by Section 14(k)(3).
   3. This credit shall not permit a reduction in the total amount of streetyard landscaping required in Table 14.2.

Effective on: 1/1/1901

3. When an alley separates adjacent zoning districts requiring a bufferyard, the size of the bufferyard shall be one-half the required bufferyard set forth in Table 14.3.
4. Each required bufferyard must be entirely landscaped in accordance with the provisions of Section 14e, and otherwise free of paved areas, access ways, storage, or other disturbances.

Effective on: 1/1/1901

Screening is required, in addition to the Bufferyard landscaping requirements, between adjacent zoning districts indicated in Table 14.3 when one or more of the following conditions in the more intensive zoning district is directly visible from and faces either the boundary of the less intensive zoning district or a public street:

1. 1. Outdoor storage areas or storage tanks,
   2. Loading docks, refuse or trash collection points or dumpsters, and other service areas.
   3. Major machinery or areas housing a manufacturing process.
   4. Major on-site traffic circulation areas or truck and/or trailer parking.
   5. Sources of glare, noise, or other environmental effects.
   6. Bailing or stockpiling of cardboard or other shipping or packaging materials.

2. Screen Design

A screen of at least six feet in height, including walls, fences, berming, or landscaping shall be provided that prevents direct visibility of the conditions listed above from less intensive uses or public streets. The screen may include the following:

1. 1. A wood, brick, stone, concrete masonry, PVC, stucco, or concrete fence or wall at least six feet in height, with a minimum opacity of 75%. Chain link fencing or chain link fencing with slats are not acceptable for purposes of screening.
   2. A vegetative screen, using evergreen or deciduous materials, capable of providing a substantially opaque, hedge-like barrier and attaining a minimum height of six feet within four years of planting.
   3. An alternative vegetative screen that provides two overstory deciduous trees and four evergreen trees per 100 linear feet of property line.
   4. A landscaped earth berm with a maximum slope of three to one, which, if used alone, rises to no less than six feet above the existing grade of the lot line separating the zoning districts.
   5. Any combination of these methods that achieves a cumulative height of six feet.

3. Screening shall not adversely affect surface water drainage.
4. The finished side of any fence or wall providing screening shall always be oriented toward the public street or adjacent property.
5. As part of an approved landscaping plan, the Community Development Director his/her designee, the Parks Board, or the Planning Commission may credit continuous screening along the common property line toward the reduction of the Bufferyard Requirements established in Section 14h. The maximum reduction shall be 50% of the depth of the required bufferyard.
6. Screening may be interrupted to provide access drives to service areas or for loading purposes to buildings. Such breaks or interruptions shall not exceed 20% of the length of the required screened area.

Effective on: 1/1/1901

Unless otherwise noted, each parking facility shall comply with the following regulations:

1. Each parking lot shall provide a minimum landscaped buffer of ten feet along any street property line.
2. Each parking structure shall be considered a structure and subject to the setback and landscaping requirements for its respective zoning district.
3. Each parking facility that abuts a residential district without an intervening street or alley shall provide a ten foot landscaped buffer along its common property line with the residential district.
4. Any parking facility which abuts property in a residential district shall provide a fence, wall, landscape screen, or earth berm not less than six feet in height, but otherwise compliant with the provisions of Section 14.i, for the length of the common boundary. A grade change, terrace, or other site or design feature which blocks the sight line of headlights into a residential property may satisfy this requirement, subject to the determination of the Community Development Director or their designee.
5. Each unenclosed parking facility of over 6,000 square feet shall provide interior landscaped area which totals no less than 5 percent of the total paved area of the parking facility. No more than 40 spaces may be provided in a single row of parking without an intervening landscape bed or island. Landscape beds may also be used to define pedestrian or vehicular traffic flows within the lot. The minimum size of an individual landscape bed or landscaped island shall be 8 feet by 17 feet, or 150 total square feet. Parking facilities within the I-1 and I-2 Districts shall be exempt from any interior landscaping requirement. Licensed automobile dealerships are not considered to be unenclosed parking facilities for the purposes of this ordinance, and therefore do not require interior landscaping as set forth in this section.
6. Interior landscaping shall be credited toward the satisfaction of overall landscaping requirements set forth in this section.

Effective on: 1/1/1901

1. Street Landscape Border (Table 14.2): One deciduous tree and five shrubs; one deciduous tree and one evergreen tree; or 1.5 deciduous trees for each 500 square feet of required area.
2. First 100 feet of Streetyard Landscaping (Table 14.2): One deciduous tree and five shrubs; one deciduous tree and one evergreen tree; or two deciduous trees for each 1,000 square feet of required area. All landscaping within the Street Landscape Border shall be credited toward satisfying this requirement.
3. Public Arterial and Collector Rights-of-Way: One tree for every 50 linear feet of right-of-way. At least 50% of all trees planted shall be deciduous trees.
4. Bufferyard Landscape Border (Table 14.3): One deciduous tree and two evergreen trees for each 1,000 square feet of required area. Vegetative screens shall be credited toward satisfaction of this requirement.
5. Parking Lot Peripheral and Bufferyard Landscaping: One deciduous tree and five shrubs; one deciduous tree and one evergreen tree; or two deciduous trees for each 500 square feet of required area.
6. Parking Lot Interior Landscaping: One deciduous tree for each 20 parking spaces within the parking lot.

Effective on: 1/1/1901

Trees in excess of required quantities are not subject to these minimum size requirements.

Drought tolerant tree and shrub species are encouraged to be planted.

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Exhibit 14-1

Exhibit 14-2

Exhibit 14-3

Exhibit 14-4

Exhibit 14-5

Exhibit 14-6

Exhibit 14-7

Exhibit 14-8

Exhibit 14-9

Exhibit 14-10

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