Council hereby finds that changes in land use and zoning classification resulting from the sprawl of urbanization have often necessitated the removal of trees and other valuable natural resources and often have the effect of degrading the appearance, character and value of existing land use patterns within and surrounding the City.

(Ord. C11-96. Passed 2-20-96.)

   The purposes of this chapter are to protect and promote the public health, safety and general welfare by fully utilizing the benefits of landscaping in new development to ensure that the local stock of native trees is replenished; to contribute to the process of air purification, oxygen regeneration, ground water recharge and storm water run-off retardation, while at the same time aiding in noise, glare and heat abatement; to buffer uncomplimentary and often incompatible land uses by providing a transitional interface; to assist in controlling traffic to and from, as well as within, off-street parking facilities by limiting the internal movement of vehicles and pedestrians to designated traffic configurations; to relieve the blighted appearance of parking lots; to lessen the impact of structures, and to otherwise facilitate the creation of a pleasant environment.

(Ord. C6-86. Passed 3-3-86; C58-97. Passed 11-17-97.)

   (a)   The intent of this chapter is to:

      (1)   Encourage landscape development in publicly and privately developed land use areas, except agricultural zones;

      (2)    Foster a community-wide reforestation program;

      (3)   Require the installation and maintenance of landscape planting areas in off-street parking facilities and other vehicular use areas;

      (4)   Require the installation and maintenance of landscape planting areas in uncomplimentary land uses and zones herein set forth;

(Ord. C6-86. Passed 3-3-86.)

      (5)   Encourage the planting of the highest quality landscape materials for residential, commercial and industrial properties, public streets, public places and parks, located within the City's corporation limits.

(Ord. C118-88. Passed 12-5-88.)

      (6)   Require the installation and maintenance of landscape planting areas adjacent to building structures.

   (b)   All new development, construction or reconstruction shall be in compliance with the provisions of this chapter within one calendar year from the date of completion of construction. Where a development, construction, or reconstruction project involves only a portion of the total property (i.e.: building addition) that portion will be required to comply with the provisions of this chapter. If said development, construction or reconstruction exceeds sixty percent (60%) of the assessed valuation of such structure prior to the project as shown on the most recent tax appraisal of the County Auditor then it shall be required to comply with this chapter for the entire property. Where a building permit has been issued prior to the effective date of this chapter, the provisions of this chapter shall not apply.

(Ord. C6-86. Passed 3-3-86; Ord. C56-97. Passed 11-17-97.)

   (c)   Where there is a change of use of an existing building with a parking area between the street and building set-back line, the property shall be required to comply with the provisions of this chapter and submit plans for review before the Planning Commission.

(Ord. C56-97. Passed 11-17-97.)

   As used in this chapter:

   (a)   “Architectural planter” means a container within which plantings may be placed to meet the requirements of this chapter.

   (b)   “Change of use” means a change in the primary function or use of a structure.

   (c)   “Compatible” means the ability of adjacent developments to coexist without conflict as determined by zoning classification and land use.

   (d)   “Crown spread” means the distance measured across the greatest diameter of the branch mass of a plant.

   (e)   “Decorative walls and fences” means barriers constructed of wood, masonry or other appropriate material.

   (f)   “Developed area” means that portion of a plat or parcel of land upon which a building, structure, pavement, landscape material or other improvement, excluding public rights of way, has been placed.

   (g)   “Drip line” means the outer perimeter of the crown spread of a plant. In the case of a narrow crown species tree, the drip line from the base of the trunk shall be 40% of the total tree height

   (h)   “Encroachment” means any protrusion of a vehicle outside of a parking space, display area, storage area, or access aisle into a landscaped area.

   (i)   “Ground cover” means natural low growing evergreen perennial plants other than lawn grass installed in such a manner so as to form a continuous cover over the ground.

   (j)   “Incompatible” means the inability of adjacent developments to coexist without conflict as determined by zoning classification and land use.

   (k)   “Landscape” means the placement of landscape material in the planting area in accordance with the requirements of this chapter.

   (l)   “Landscape material” means landscaping consisting of material such as, but not limited to, living trees; shrubs; vines; lawn grass; ground cover; landscape water features; and non-living durable material commonly used in landscaping, including, but not limited to, rocks, pebbles, sand, decorative walls and fences, brick pavers, sculpture and earthen mounds, but excluding pavements for vehicular use. Artificial plants are prohibited.

(Ord. C6-86. Passed 3-3-86.)

   (m)   “Large tree class species” means trees that reach forty-five feet or better in height at maturity.

   (n)   “Medium tree class species” means trees that reach from twenty-five feet to forty-five feet in height at maturity.

   (o)   “Multiple use” means a property or structure with more than one primary function, use, and/or tenant.

   (p)   “Other plants” See Plant Material.

   (q)   “Owner” means the owner of the premises, including the holder of title thereto subject to contract of purchase, a vendor in possession, a lessee or joint lessees of the whole thereof, or an agent or any other person, firm, corporation or fiduciary directly in control of the premises.

   (r)   “Park” means all public parks having individual names.

   (s)   “Park Reserve” means a parcel of land dedicated to natural, visual, or recreational purposes.

   (t)   “Person” includes firms, associations and corporations and persons connected with such firms, associations and corporations.

   (u)   “Plant material” means living trees; shrubs; vines; lawn grass; ground covers; perennials; annuals; ornamental grasses; and herbs. All plant materials shall conform to the latest edition of the American Association of Nurserymen, Inc. “American Standard for Nursery Stock.” Plants shall have passed any inspections required under State regulations.

   (v)   “Plant standard” means, unless otherwise provided, a plant planted to the following minimum dimensions:

      (1)   Deciduous trees shall be planted at least two inches (2") caliper minimum for large, medium or small tree class species. At least two inches (2") minimum caliper is required for street tree plantings, and at least 1 1/2" minimum caliper for small class species is required for residential plantings. Trees shall have a clear trunk of at least five feet (5') above ground

      (2)   Evergreen trees (Pine, spruce, hemlock and fir species and varieties) shall be planted at least six feet (6') in height.

      (3)   Evergreen shrubs for screening purposes (yew, juniper, holly, boxwood and arborvitae species and varieties) shall be planted at least three feet (3') in height.

   (w)   “Planting area” means any landscape area of 64 square feet or larger designed for landscape material installation.

   (x)   “Public street” means all the land lying within the dedicated width of all public streets, boulevards and alleys.

   (y)   “Retention Area” means any wet retention basin used for holding water, excluding dry detention basins.

   (z)   “Public places” means all other ground owned by the City.

   (aa)   “Shrub” means a deciduous or evergreen woody perennial plant differing from a non-woody perennial plant by its persistent woody stems and branches and differing from a tree by its low stature and habit of branching from the base.

   (bb)   “Single use” means a property or structure with only one primary function or use.

   (cc)   “Small tree” means all trees that reach a maximum height of twenty-five feet at maturity.

   (dd)   “Tree” means any self-supporting, deciduous or evergreen, wood plant of a species which normally grows to an overall height of at least fifteen feet and normally develops an average mature crown spread or diameter greater than fifteen feet. Deciduous tree sizes are expressed in inches of caliper, while evergreen tree sizes are expressed in feet of height.

   (ee)   “Tree standard” See “Plant standard”.

   (ff)   “Urban forestry fee” means fees collected by the City for the exclusive use of purchasing, planting, replacement and maintenance of trees and administration of the urban forestry program. The fees so collected shall be deposited in the Community Environment Fund.

   (gg)   “Utility” means any public utility either above or below ground including sewers, drains, manholes and inlets.

   (hh)   “Vehicular use area” means any paved ground surface area, except public rights of way, used by any type of vehicle, whether moving or at rest, for the following purposes, among other possible purposes: driving, parking, loading, unloading, storage or display. Such areas include, but are not limited to, new and used car lots, activities of a drive-in nature in connection with banks, restaurants, filling stations and grocery and dairy stores and other open lot uses, except areas used for parking or other vehicular uses under, on, or within buildings.

   (ii)   “Visual screen” means a barrier, opaque of living or non-living landscape material put in place for the purpose of separating and obscuring from view those areas so screened to a defined opaqueness.

   (jj)   “Reconstruction” means rehabilitation or replacement of a structure on property which either has been damaged, altered or removed to an extent exceeding sixty percent (60%) of the assessed valuation of such structure as shown on the most recent tax roll of the County.

(Ord. C17-99. Passed 7-6-99.)

   (a)   Unless otherwise approved by Council, this chapter defines the minimum requirements that shall be met in regard to perimeter landscaping for noncompatible land use areas, landscaping for service areas and interior landscaping for businesses, buildings, structures or other new developments of the land. A landscape plan shall be submitted with all final development plans. It is encouraged that a landscape plan be submitted with all preliminary development plans.

   (b)   Vehicular use areas in excess of 7,000 square feet or including more than twenty-five parking spaces shall not be constructed, enlarged or reconstructed in the City until a landscape plan has been approved by Council. The Planning Commission shall not give approval to any landscape plan submitted to them pursuant to this section unless it conforms to the requirements of this chapter, except when the strict adherence would result in an inferior plan. Acceptable adjustments may include the combining, density and/or relocation of landscape materials, parking peninsulas, islands, aisle end islands, and mounding dimensions. All decisions to combine, relocate or adjust any required items will be based on the preservation of existing landscaping and the safety and welfare of the public. Required quantities shall not be reduced except as determined by the Urban Forester. Landscape plans submitted pursuant to this chapter shall be prepared and sealed by a registered landscape architect or approved landscape designer and shall, where appropriate, be submitted as part of the site plan submittals required for a building permit pursuant to the Zoning Code. Landscape plans submitted pursuant to this chapter shall be drawn to scale, including dimensions and distances, and clearly delineate any existing and proposed parking spaces or other vehicular use areas, access aisles, driveways, lighting and their location. The plan shall clearly identify size and description of all landscaping materials including locations of existing trees.

(Ord. C11-96. Passed 2-20-96; Ord. C17-99. Passed 7-6-99; Ord. C28-01. Passed 5-21-01.)

   (c)   Change of Use for Single Use Structures. All existing non-complying parking areas and/or drive aisles will be required to comply with the provisions of this chapter, as outlined in 1136.06. All existing non-complying structures will be required to comply with the provisions of this chapter, as outlined in 1136.09. All existing non-complying service structures will be required to comply with the provisions of this chapter, as outlined in 1136.08. The landscape material shall be installed at the time of the change of use. Where possible, appropriate landscape setbacks shall be permanently established.

(Ord. C58-97. Passed 11-17-97.)

   (d)   Change of Use for Multiple Use Structures. All existing non-complying parking areas and/or drive aisles, existing non-complying structures, and existing non-complying service structures will be required to comply with the provisions of this chapter. The percent of landscape material to be installed will be determined by the portion (percent of total structure square footage) that use or tenant occupies (i.e.: if said tenant occupies 20% of total structure, 20% of required landscape material will be installed). The landscape material shall be installed at the time of the change of use. Where possible, appropriate landscape setbacks shall be permanently established.

(Ord. C58-97. Passed 11-17-97.)

   Public and private off-street parking facilities and other vehicular use areas shall be landscaped in accordance with the following requirements.

   (a)   Frontage Along Public Streets.

      (1)   For parking lots up to 7,000 square feet and/or including less than twenty-five cars. The setback for off-street car parking facilities is determined by three development options as shown on Exhibit A-1 (Frontage Landscaping Requirements for Off-Street Surface Parking Lots). Option A requires a 10'-0" minimum parking and/or drive aisle set-back with a continuous 3'- 0" height evergreen hedge. Option B requires a 10'- 0" minimum parking and/or drive aisle set-back with a continuous 3'- 0" minimum - 5'- 0" maximum height wall constructed of like materials used on building. Option B may consist of a combination of walls and 3'- 0" height evergreen hedges. Option C requires a 20'- 0" minimum parking and/or drive aisle set-back with a continuous 3'- 0" height minimum earthen mound. In addition to these requirements of the Zoning Code, one 2" minimum caliper large or medium class tree is to be planted for each 35 feet of frontage.

      (2)   For parking lots exceeding 7,000 square feet or 25 cars. The setback for off-street car parking facilities is determined by three development options as shown on Exhibit A-2 (Frontage Landscaping Requirements for Off-Street Surface Parking Lots). Option A requires a 15'- 0" minimum parking and/or drive aisle set-back with a continuous 3'- 0" height evergreen hedge. Option B requires a 15'- 0" minimum parking and/or drive aisle set-back with a continuous 3'- 0" minimum to 5'- 0" maximum height wall constructed of like materials used on building. Option B may consist of a combination of walls and 3'- 0" height evergreen hedges. Option C requires a 25'- 0" minimum parking and/or drive aisle set-back with a continuous 3'- 0" height minimum earthen mound. In addition to these requirements of the Zoning Code, one 2" minimum caliper large or medium class tree is to be planted for each 35 feet of frontage. The developer is encouraged to consider including additional planting beds containing annual and/or perennial flowers to increase the aesthetic appeal of the frontage landscape requirements.

(Ord. C17-99. Passed 7-6-99.)

      (3)   For Truck Vehicular Use Areas and Parking. The setback for off-street truck parking facilities is as shown on Exhibit A-3 (Frontage Requirement for Off-Street Surface Parking Lots). Truck parking, loading areas and drive aisles require a 45'- 0" minimum parking and/or drive aisle set-back with a continuous 6'- 0" height minimum earthen mound. In conjunction with this requirement three staggered rows of 6'- 0" height minimum evergreen trees at 20'- 0" maximum spacing and one 2"caliper minimum small class tree per each 40 lineal feet of frontage are to be planted.

(Ord. C17-99. Passed 7-6-99.)

   (b)   Rear and Side Yards Adjacent Compatible Use Districts. The setback shall be 10'-0" minimum for car parking and/or drive aisles and 20'-0" minimum for truck parking and/or drive aisles, as shown in Exhibit B-1. In addition to these requirements of the Zoning Code, one 2" minimum caliper large or medium class tree and two 18" height deciduous shrubs are to be planted for each 40 lineal feet of property line for all vehicular use areas. If evergreen trees are preferred in lieu of large or medium class trees, the evergreen trees are to be 6'- 0" minimum height and one tree is to be planted for each 20 lineal feet of property line and two 18" height deciduous shrubs are to be planted for each 40 lineal feet of property line for all vehicular use areas. Truck vehicular use areas are to have a 6'- 0" height minimum evergreen tree planted for every 20 lineal feet of property line and two 18" height deciduous shrubs are to be planted for each 40 lineal feet of property line for all vehicular use areas.

   (c)   Rear and Side Yards Adjacent Incompatible Use Districts. The setback for off-street car and truck parking facilities is determined by two development options for cars and a specific requirement for trucks as shown in Exhibit B-2 (Side and Rear Yard Landscaping Requirement for Off-Street Parking Lots). Option A for cars requires a 20'- 0" minimum parking and/or drive aisle set-back with either a continuous 6'- 0" height wall or solid fence or a 90% opaque 5'-0" height evergreen screen, or a combination thereof. Determination as to which option would be required shall be made by the Urban Forester based on proposed development of parking area in relation to location (i.e. corner lots), street visibility, etc. In addition to the wall or fence, one 2" minimum caliper small class tree, two 6'-0" height evergreen trees, and two 18" height deciduous shrubs are to be planted per each 40 lineal feet of property line. In addition to the evergreen screen, four 18" height deciduous shrubs are to be planted per each 40 lineal feet of property line. The developer is encouraged to consider including additional planting beds containing annual and/or perennial flowers to increase the aesthetic appeal of the parking side of the screen. Option B for cars requires a 30'- 0" minimum parking and/or drive aisle setback with a continuous 4'- 0" height minimum earthen mound. In addition to the mounding requirement a double staggered row of 6'- 0" height minimum evergreen trees at 20'- 0" maximum spacing and one 2" caliper minimum small class tree and two 18" height deciduous shrubs per each 40 lineal feet of property line are to be planted. Truck vehicular areas require a 45'- 0" minimum parking and/or drive aisle set-back with a continuous 6'-0" height minimum earthen mound. In addition to the mounding requirement three staggered rows of 6'- 0" height minimum evergreen trees at 20'- 0" maximum spacing and one 2" caliper minimum small class tree and two 18" height deciduous shrubs per each 40 lineal feet of property line are to be planted.

(Ord. C17-99. Passed 7-6-99.)

   (d)   Interior Vehicular Use Areas. Within interior vehicular use areas peninsulas, islands, aisle end islands, and planting areas are to be constructed for landscape plantings as shown on Exhibit C (Interior Landscaping Requirements for Off-Street Surface Parking Lots). Each peninsula, island, aisle end island, or planting area is to contain at least one, 2" minimum caliper large or medium class tree. Islands, peninsulas, aisle end islands, and planting areas are to be located as follows: between twenty-five (25) and forty-two (42) spaces, one (1) island required; between forty-three (43) and sixty (60), two (2) islands required; beginning with sixty-one (61), one island shall be added for each additional fifteen (15) spaces. Where islands are required, there shall be a maximum of 21 consecutive spaces. Parking aisles shall be defined as a row of parking spaces beginning and ending with either a peninsula, isle end island, planting area, or a drive aisle. All parking aisles, of seven (7) spaces or less, may be terminated with a drive isle, unless its end is adjacent to a curb cut. Peninsulas, islands, and aisle end islands are to be minimum sizes of eight feet (8') in width and thirty-six feet (36') in length, or eight feet (8') in width and eighteen feet (18') in length, as shown on Exhibit C. Planting areas, peninsulas, islands and aisle end islands which may include lighting fixtures are to be constructed to accommodate landscaping requirements.

(Ord. C58-98. Passed 11-17-97; Ord. C17-99. Passed 7-6-99; Ord. C25-00. Passed 8-21-00.)

      (1)   In order that there shall be safe access to parking spaces, eight feet (8') landscaped strips shall be arranged so as to divide parking corridors and to limit “cross taxing” through open parking spaces.

(Ord. C58-98. Passed 11-17-97.)

      (2)   To minimize traffic hazards, when an access way intersects a public right of way or when the property abuts the intersection of two or more rights of way, all landscaping shall provide unobstructed cross visibility at a level between three feet and six feet. Landscaping, other than grass or ground cover, shall not be located closer than five feet from the edge of the access way pavement.

      (3)   Grass or other ground cover shall be planted on all portions of the interior planting area not occupied by other landscape material.

      (4)   The minimum distance from a tree to a vehicular use area shall be four feet measured from the face of the tree. Vehicles may overhang a landscaped area not more than two and one-half feet when parked head-in to a landscaped area in a marked parking space.

(Ord. C11-96. Passed 2-20-96; Ord. C17-99. Passed 7-6-99; Ord. C28-01. Passed 5-7-01.)

   Where it is determined that as a result of new developments, construction or reconstruction, uncomplimentary or incompatible land uses or zones are created, a continuous 80% opaque landscape hedge, solid fence, wall or earthen mound visual screen, in addition to screening of vehicular use are provisions, shall be required. The determination of uncomplimentary or incompatible land uses or zones will be made using zoning classifications and land uses. Exhibit 'D' defines compatibility based on zoning classifications. The Planning Commission will make the determination based on land uses.

(Ord. C11-96. Passed 2-20-96; Ord. C58-97. Passed 11-17-97; Ord. C17-99. Passed 7-6-99.)

   Service structures, including, but not limited to, propane tanks, trash dumpsters, electrical transformers, air conditioners/cooling towers, heat pumps, utility vaults which extend above grade, and other equipment or elements providing service to a building or site, are to be screened in all zoning districts. A continuous 100% opaque landscape hedge, solid fence, wall, or earthen mound is required to enclose any service structure on all exposed sides. If such structure is frequently moved (i.e.: trash dumpster) a gate or gates shall be permitted on one side. Said gate(s) shall be kept closed to provide full 4-sided screening. Screening shall be one foot (1'- 0") higher than service structure but shall not be required to exceed 8'- 0" in height (6'- 0" height for walls and fences.). If walls or fences are used, supplemental landscaping will be required. Provide 36" height minimum plantings at 5'- 0" maximum spacing around the enclosed portion of the perimeter screen. Curbing and/or bollards are to be installed around any trash disposal or waste collection unit a minimum of 2'- 0" within the screening material to prevent damage to the screening when the container is moved or emptied. Electric and gas service shut-off locations shall be landscaped on the sides only to permit quick identification and access by emergency personnel.

(Ord. C11-96. Passed 2-20-96; Ord. C17-99. Passed 7-6-99; Ord. C86-06. Passed 12-18-06.)

   (a)   Planting Requirements for All New Developments. These requirements are in addition to the requirements for vehicular use areas.

      (1)   Residential and PUD Districts. There shall be a minimum of three trees planted per single family residence, doubles, twins or duplexes. Multi-family structures are to include two trees per dwelling unit. Trees may be either small or medium species. Medium or small species trees shall be 2" minimum caliper and clear trunk. No clump or multi-stem form trees are permitted. Trees are to be arranged within the front, side or rear yard areas with emphasis on the front facades. In addition a minimum of one-third (1/3) of the facade (or facades in the case of corner lots) fronting the street or vehicular use area is to be landscaped adjacent to the foundation with a minimum of five (5) shrubs, ground cover or other ornamental plantings. The average initial height of these plantings is to be 24" minimum. All residential subdivisions containing at least fifty lots or five acres (whichever is less), apartment complexes over sixteen units and condominium complexes over sixteen units, shall construct prominent entry features of at least 500 square feet at all major points of ingress and egress to such subdivisions and complexes. Entry features shall consist of landscaping or a combination of landscaping and hardscape materials. Lighting and irrigation should be included. All residentially zoned developments with side or rear property lines adjacent to primary or secondary roadways shall construct a landscape buffer consisting of a 30'-0" setback with a continuous 4'-0" height minimum earthen mound. In addition to the mounding requirement a double staggered row of 6'-0" height minimum evergreen trees at 20'-0" maximum spacing and one 2" caliper minimum small class tree and two 18" height deciduous shrubs per each 40 lineal feet of property line are to be planted. Combining tree planting areas to achieve overall compliance is acceptable. However, in no event is a tree planting area to exceed 100'-0".

(Ord. C28-01. Passed 5-21-01. Ord. 57-06. Passed 9-5-06.)

      (2)   Retail Commercial and Shopping Center Use Districts. There shall be a tree planted in a landscaped area for every 50 lineal feet of building perimeter or fraction thereof. Such landscaped areas shall be adjacent to the building, 64 square feet minimum in size, and shall contain a small, medium, or large class species tree in a planting bed, architectural planter, tree grate or on an earthen mound. Large, medium or small species trees shall be 2" minimum caliper. If tree grates or architectural planters are used, the minimum landscape area may be reduced to 36 square feet. Benches, or other appropriate landscape materials designed and located in a manner complimentary to the overall architecture of the surrounding buildings are encouraged. The intent of this regulation is to encourage an equally spaced landscape envelope around the perimeter of the building. Combining of tree planting areas to achieve overall compliance is acceptable. However, in no event is a tree planting area to exceed 100' - 0". Shrubs, groundcover or other ornamental plantings may be substituted for up to 30% of deciduous tree requirement. These landscaped areas are to be constructed adjacent to the building and be a minimum of 20 square feet per tree converted to shrubs, groundcover or other ornamental plantings. The average initial height of these plantings is to be 24" minimum at 5'-0" maximum spacing. Freestanding signs and flagpoles are to be set in landscaped areas. These landscaped areas are to be a minimum two feet (2') larger than the foundation of the free standing signs or flagpoles on all sides and are to be landscaped on all sides with permanent shrubs, groundcover or other ornamental plantings. Annuals and perennials are permitted in combination with permanent plant materials. The average initial height of the plantings is to be 24" minimum. Irrigation shall be required on 75% - 100% of the entire property with emphasis on areas along primary and secondary roadways and 100% of all landscape areas adjacent to the structure.

(Ord. C58-97. Passed 11-17-97; Ord. C17-99. Passed 7-6-99; Ord. C86-06. Passed 12-18-06.)

      (3)   Professional Services, Medical, Educational, Service, and Miscellaneous Use Districts. There shall be a tree planted for every 40 lineal feet of building perimeter or fraction thereof. Trees may be either small, medium, or large class species. Large, medium or small species trees shall be 2" minimum caliper. 6'- 0" minimum height evergreen trees may be substituted for up to 30% of deciduous tree requirement. Trees are to be arranged around all sides of the building within 64 square feet minimum of lawn or landscaped areas. In addition a minimum of 40 square feet of landscaped area shall be required for each 50 lineal feet of building perimeter or fraction thereof. These landscaped areas are to be constructed adjacent to the building and are to contain shrubs, ground cover, or other ornamental plantings. The average initial height of these plantings is to be 24" minimum at 5'-0" maximum spacing. The intent of this regulation is to encourage overall uniform landscaping treatment around the perimeter of the building. Combining of these planting areas to achieve compliance is acceptable providing that consideration is given to all facades. Free standing signs and flagpoles are to be set in landscaped areas. These landscaped areas are to be a minimum two feet (2') larger than the foundation of the free standing signs or flagpoles on all sides and are to be landscaped on all sides with permanent shrubs, groundcover or other ornamental plantings. Annuals and perennials are permitted in combination with permanent plant materials. The average initial height of the plantings is to be 24" minimum. Irrigation shall be required on 75% - 100% of the entire property with emphasis on areas along primary and secondary roadways and 100% of all landscape areas adjacent to the structure, except in Educational Districts.

(Ord. C58-97. Passed 11-17-97; Ord. C17-99. Passed 7-6-99; Ord. C86-06. Passed 12-18-06.)

      (4)   Light and Heavy Industry Districts. There shall be a tree planted for every sixty (60) lineal feet of building perimeter or fraction thereof. Trees may be either small, medium, or large class species. Large, medium or small species trees shall be two inches (2") minimum caliper. Six foot (6') minimum height evergreen trees may be substituted for up to thirty percent (30%) of deciduous tree requirement. Trees are to be arranged around all sides of the building within sixty-four (64) square feet minimum of lawn or landscaped areas. In addition, a minimum of twenty (20) square feet of landscaped area shall be required for each fifty (50) lineal feet of building perimeter. These landscaped areas are to be constructed adjacent to the building and are to contain shrubs, ground cover, or other ornamental plantings. The average initial height of these plantings is to be twenty-four inches (24") minimum at five foot (5') maximum spacing. The intent of this regulation is to encourage overall landscaping treatment around the perimeter of the building. Combining of these planting areas to achieve compliance is acceptable providing that consideration is given to at least three visually prominent facades. Freestanding signs and flagpoles are to be set in landscaped areas. These landscaped areas are to be a minimum two feet (2') larger than the foundation of the free standing signs or flagpoles on all sides and are to be landscaped on all sides with permanent shrubs, groundcover or other ornamental plantings. Annuals and perennials are permitted in combination with permanent plant materials. The average initial height of the plantings is to be twenty-four inches (24") minimum.

(Ord. C58-97. Passed 11-17-97; Ord. C17-99. Passed 7-6-99.)

   (b)   Street Tree Requirements. Upon the application of a building permit for the construction of a new building or structure, the owner, builder, or developer of such building or structure shall pay an urban forestry fee, the sum of four hundred fifty dollars ($450) per lot, to the City's Community Environment Fund. Except that for all newly platted public streets after May 31, 2005, the owner, builder or developer shall pay an urban forestry fee in the sum of six dollars ($6) per lineal foot of curb/street pavement frontage for the entire plat, to the City’s Community Environment Fund. The Urban Forestry Fee shall be paid at the time of final plat approval or development plan approval prior to the start of construction. Any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development. The Service Director, his or her designee or the Urban Forester, will cause to be purchased and planted from said deposit, all required street trees and assume full responsibility for care, replacement, and maintenance, as defined by the following conditions:

(Ord. C35-05. Passed 4-18-05; Ord. C106-05. Passed 11-7-05.)

      (1)   Trees noted under Section 1136.15 Prohibited Plantings, are not to be used on city owned public property. City owned public property shall include all public rights of way, streets, alleys, parks, or other property owned by the Municipality.

      (2)   The maximum spacing between trees shall be fifty feet for large class trees, forty feet for medium class trees, and thirty feet for small class trees.

      (3)   The minimum distance between the tree and the back of street curb shall be two and one-half feet. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two feet.

      (4)   The tree location shall be at least fifty five (55) lineal feet from street intersections and ten (10) lineal feet from fire hydrants or all utilities and twenty (20) lineal feet from all street lights or utility poles and fifteen (15) lineal feet from all handicap ramps.

      (5)   A small class tree shall be used when planting under or within ten lateral feet of overhead utility wires. A small class or medium class tree shall be used when planting within ten to twenty lateral feet of overhead utility wires.

      (6)   Trees should be of the same genus and species matched in form and size and planted continuously down each street. Consideration should be given to introducing other tree genus and species for each proposed street or cul-de-sac.

      (7)   The minimum trunk caliper measured at six inches above the rootball for all street trees shall be no less than two (2) inches.

(Ord. C11-96. Passed 2-20-96; Ord. C58-97. Passed 11-17-97; Ord. C113-04. Passed 12-20-04.)

   (c)   Retention Area Requirements. It shall be required that all subdividers or developers plant trees adjacent to retention areas of their developments in such a manner, type quantity, and location as recommended by the Service Director, his designee or Urban Forester and recommended by the Planning Commission and as defined by the following conditions:

      (1)   There shall be a tree planted in a landscape area for every 50 lineal feet of retention area perimeter or fraction thereof;

      (2)   Trees shall be planted adjacent to the retention area, but no closer than 20 feet from the bank;

      (3)   Trees may be either medium or large class species trees. Trees shall be 2" minimum caliper. Six feet (6') minimum height evergreen trees may be substituted for up to 50% of deciduous tree requirement.

   (d)   All trees planted on commercial or residential landscapes must have the ropes, burlap, 50% of the wire cage, and all trunk wrap removed prior to the City’s landscape inspection.

(Ord. C58-97. Passed 11-17-97. Ord. C57-06. Passed 9-5-06.)

   (a)   All trees having a trunk diameter of six inches or greater as measured twenty-four inches from ground level (one hundred percent (100%) ground area must be maintained within the drip line) shall be preserved with fencing prior to construction and/or destruction. Signage shall be secured to the fencing every twenty feet (20'), shall be a minimum size of eight and one half inches (8-1/2") by eleven inches (11") and shall include readable text stating “Preservation area, no construction or encroachment permitted under Section 1136, city of Grove City”. A site inspection shall be performed by the Service Director or his designee, prior to any construction and/or destruction, to evaluate existing trees and those scheduled for removal. A development plan and/or construction plan shall be provided to the Service Director, His designee or the Urban Forester propr to the said site inspection. All actual locations of all rights of way, easements, proposed structures, driveway access, parking and/or service areas shall be plainly marked with staking prior to said site inspection. All trees scheduled for removal shall be marked by the Service Director, his designee or the Urban Forester with the following exceptions:

      (1)   Trees within public rights of way or utility easements, or a temporary construction easement as approved by the Service Director.

      (2)   Trees within the ground coverage of proposed structures or within fifteen feet from the perimeter of such structures.

      (3)   Trees within the driveway access to parking or service areas or proposed driveway to service a single-family home.

      (4)   Trees within proposed parking lots. Efforts shall be taken to locate and protect said trees in planting areas and islands.

      (5)   Trees that, in the judgment of the Service Director, his designee or the Urban Forester, are damaged, diseased, over-mature, which interfere with utility lines or are an inappropriate or undesirable species for that specific location.

   It is encouraged that exempted trees subject to destruction be preserved by relocation and replanting of such trees on a lot or that new trees (two inch caliper - deciduous; six foot high - evergreen) of the same species, or of a species approved by the Service Director, his designee or the Urban Forester, be planted on a lot or approved location in lieu of such trees.

(Ord. C17-99. Passed 7-6-99.)

   (b)   Preservation of Wooded Areas. It is encouraged that efforts be made to preserve natural vegetation areas. Consideration shall be given to laying out streets, lots, structures and parking areas to avoid the unnecessary destruction of heavily wooded areas or outstanding tree specimens. It is further encouraged that whenever possible, heavily wooded areas be designated as park reserves. As part of the site inspection, all designated reserves which contain trees shall be temporarily marked and protected from construction and traffic damage with fencing and signage until all construction and/or destruction in the immediate area is complete. Signage shall be secured to the fencing every twenty feet (20'), shall be a minimum size of eight and one half inches (8-1/2") by eleven inches (11") and shall include readable text stating “Preservation area, no construction or encroachment permitted under Section 1136, City of Grove City”.

(Ord. C58-97. Passed 11-17-97.)

   (c)   All preliminary and/or final development plans, when submitted, shall show existing individual trees of six inches diameter at breast height (DBH) or larger with all proposed streets, lots, structures, utilities, and parking areas. Prior to the removal of any trees, a site inspection by the Service Director, his designee or the Urban Forester, shall be performed. This inspection shall mark those trees permitted for removal, the delineation of areas to be preserved and any other construction restrictions. The removal of any trees and/or shrubs is prohibited until said site inspection is completed.

(Ord. C58-97. Passed 11-17-97.)

   (d)   Prior to the issuance of a “new” building permit, a site inspection, marking of trees permitted for removal and any other construction restrictions, shall be performed by the Service Director his designee or the Urban Forester, in cooperation with the builder. The removal of any trees and/or shrubs is prohibited until said site inspection is completed.

(Ord. C21-97. Passed 4-21-97; Ord. C58-97. Passed 11-17-97.)

   (e)   Credit for Preserving Existing Woods. In perimeter and interior use areas where Council has determined that the strict application of this section would require the removal of trees to plant the required landscaping, such required landscaping may be omitted. Preserved woods deemed eligible for credit shall be healthy and of such quality as is acceptable to the Service Director, his designee, or the Urban Forester. In order to maintain the trees within the woods, one hundred percent (100%) of the ground area under and within the drip line of the trees shall be protected from construction damage with fencing and signage, undisturbed (except for removal of trash) and preserved in it's natural state. Signage shall be secured to the fencing every twenty feet (20'), shall be a minimum size of eight and one half inches (8'1/2") by eleven inches (11") and shall include readable test stating “Preservation area, no construction or encroachment permitted under Section 1136, City of Grove City”.

(Ord. C58-97. Passed 11-17-97.)

   Sod and/or seed shall be placed upon the ground in all barren areas to cover the front yard, side yards and rear yard for all new developments with the exception of single family lots. Single family lots shall be sodded to cover the front yard, side yards, and ten feet of rear yard. The sod or seed shall be a species normally grown as permanent lawn in central Ohio. Sod shall be laid solid. Seed shall be spread evenly and covered with a protective covering of wood cellulose hydro-mulch, or straw. Sod or Seeded areas shall be properly maintained to establish a dense turf, free of noxious pests, weeds and disease. All dead sod or seeded areas shall be replaced, at the earliest planting season, and properly watered and maintained to establish a dense turf, free of noxious pests and disease. For steep banks or areas where groundcover is preferred, groundcover maybe used in lieu of grass. Groundcovers shall be planted at a consistent spacing to achieve a finished well developed appearance within two growing seasons.

(Ord. C11-96. Passed 2-20-96; Ord. C58-97. Passed 11-17-97.)

   Plants Including Large and Medium Species Trees, Small Species Trees, Evergreens. Trees, evergreens and evergreen shrubs shall meet the minimum “plant standard” immediately after planting. Tree planting areas for interior landscaping of off-street parking lots shall be as shown on Exhibit C. All other planting areas shall be the minimum standard as indicated within this chapter. Areas indicated as landscape areas are to be maintained with plant material or porous landscape material surface cover. Tree species shall be of varieties normally grown in Ohio and suitable for USDA Zones 4 and/or 5.

(Ord. C11-96. Passed 2-20-96.)

   All required plant material, grass, as well as nonliving structural elements, shall be replaced when necessary and maintained in a good and healthy condition based upon the judgment of the Service Director, his designee or the Urban Forester.

(Ord. C58-97. Passed 11-17-97.)

   (a)   Replacement. Dead plant material shall be replaced in accordance with the specifications detailed herein and within a time period appropriate to the growing season of the species in question, not exceeding the calendar year.

   (b)   Protection. All required landscape areas shall be protected from unpermitted vehicular encroachment by the use of wheel stops, curbing or other suitable methods.

   (c)   Use. No required landscape area shall be used for parking, except for encroachments as provided herein, accessory structures, garbage or trash collection or any other functional use contrary to the intent and purpose of this chapter.

(Ord. C11-96. Passed 2-20-96.)

   (a)   Any property owner may plant or cause to be planted within the public street adjacent to the property they own those trees of 2" caliper or greater that have been approved or recommended by the Service Director, his designee or the Urban Forester. All trees shall be planted so as not to interfere with sight distances at intersections, the maintenance or operation of utilities and the paved street surfaces.

   (b)   All trees planted within the public street, whether or not they are on the recommended and approved tree list of the Service Director, his designee or the Urban Forester, shall be subject to pruning and removal when it is determined by the Service Director, his designee, the Urban Forester or Director of Public Safety that trees constitute a health or safety hazard or when they have become unsightly, diseased or dead.

      (1)   Tree topping. No person shall, as a normal practice, top any tree within the public rights-of-way. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.

      (2)   Height of limbs over sidewalks and streets. Tree limbs extending over a sidewalk shall be trimmed to such an extent that no portion of the same shall be less than nine feet above the sidewalks. Tree limbs extending over the streets shall be trimmed to such an extent that no portion of the same shall interfere with the normal flow of traffic.

      (3)    Abuse or mutilation of public trees.

         A.   Unless specifically authorized by the Service Director, his designee or the Urban Forester, no person shall intentionally damage, cut, carve, transplant, or remove any tree or shrub; attach any rope, wire, nails, advertising posters, or other contrivance to any tree or shrub; allow any gaseous liquid, or solid substance which is harmful to such trees or shrubs to come in contact with them; or set fire or permit fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub.

         B.   No person shall excavate any ditches, tunnels, trenches, or lay any driveway or sidewalk within the radius of ten feet from the trunk of any public tree or shrub without first obtaining written approval from the Service Director.

      (4)   Placing of materials on public property. No person shall deposit, place, store, or maintain upon a public place of the City, any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree growing therein, except by written consent of the Service Director.

   (c)   All species and varieties of evergreen trees and upright evergreen shrubs (which exceed 3'-0" at mature height) shall not be permitted for planting in public rights of way.

(Ord. C11-96. Passed 2-20-96; Ord. C58-97. Passed 11-17-97; Ord. C57-06. Passed 9-5-06.)

   (a)   No person shall cause to be planted any large-class species tree within 75 feet of any public utility line above or below the ground including sewers, drains, manholes and inlets.

(Ord. C58-97. Passed 11-17-97; Ord. C22-04. Passed 3-15-04.)

   (b)   No person shall cause to be planted any tree listed herein below on any public property or right of way in the City, except as approved by the Service Director, his or her designee or the Urban Forester:

      Silver Maple (Acer Saccharinum)

      Box Elder (Acer Negundo)

      Horsechestnut (Aesculus Hoppocastanum)

      Tree of Heaven (Ailanthus Altissina)

      Birches, (Betula sp.) - except Betula nigra (River Birch Tree)

      Catalpa (Catalpa speciosa) All species and varieties

      Crabapple (Malus sp.) All species, except as approved by Service Director, his or her designee or the Urban Forester

      Mulberry (Morus sp.) All species and varieties

      American Sycamore (Plantanus occidentalis)

      London Plane (Plantanus x Acerifolia)

      Poplar, Aspen Cottonwood (Populus) All species and varieties

      Pears (Pyrus) All species and varieties

      Black Locust (Robinia pseudoacacia)

      Willows, Osiers (Salix) All species and varieties

      European Mountain Ash, Rowan (Sorbus aucuparia)

      Siberian Elm (Ulmus pumila)

      Ash (Fraxinus) All species and varieties

      Osage Orange (Machua) All species and varieties

      Dogwood (Cornus sp.) All species and varieties

(Ord. C118-88. Passed 12-5-88; Ord. C11-96. Passed 2-20-96; Ord. C58-97. Passed 11-17-97; Ord. C22-04. Passed 3-15-04.)

   (a)   Notice of Removal. The Service Director, his designee or the Urban Forester shall examine all trees that appear to be within 75 feet of any rights of way, easement or public utility line as described in Section 1136.14(a), and, if a tree is found to be dangerous or causing damage, he shall give to the tree owner or the person having charge and control of the tree, including an administrator or executor, written notice of his findings and request the removal of the tree by the owner or the person having charge or control of the tree within forty-five days. Proper service of such notice shall be by personal service, residence service or by registered mail; provided, however, that such notice shall be deemed to be properly served upon such owner or person having charge or control of the tree, including an administrator or executor, if a copy thereof is sent by certified mail to his last known address.

(Ord. C118-88. Passed 12-5-88.)

   (b)   Procedure for Noncompliance with Removal Notice. Upon failure of the person or persons to comply with the notice to remove any tree in accordance with subsection (a) hereof, the Service Director, his designee or the Urban Forester shall cause the tree to be removed by use of City forces and equipment or by hiring of private individuals and equipment. Upon completion of such work as is required to remove the tree, the Service Director shall cause the expenses and labor costs incurred to be determined and a statement therefor to be mailed to the affected person.

(Ord. C118-88. Passed 12-5-88.)

   (c)   Written Return to County Auditor; Lien Upon Property. If statements have not been paid within sixty days after mailing, the Director of Finance shall make a written return to the County Auditor of the action under Section 1136.16(a) and this section, with a statement of the charges and a proper description of the premises. Such amount, when allowed, shall be entered upon the tax duplicate and a lien upon such lands from and after the date of entry and shall be collected as other taxes and returned to the Municipality with the General Fund.

(Ord. C11-96. Passed 2-20-96; Ord. C57-06. Passed 9-5-06.)

   The Service Director shall remove, or cause to be removed, all trees, shrubs or other plants, or parts thereof, upon the public streets, parks or public places within the City when such removal is beneficial to the public health, safety, traffic safety or for public improvements, or where such trees, shrubs or other plants constitute a public nuisance, or are dead or diseased or detrimental to the growth of adjacent trees, shrubs and other plants now planted or to be planted in any public street, park or public place within the City.

(Ord. C118-88. Passed 12-5-88; Ord. C11-96. Passed 2-20-96; Ord. C58-97. Passed 11-17-97.)

   (a)   The Service Director, shall have the authority to establish, create and publish a list of recommended and approved trees to be planted in planting areas, public streets, public places and park properties within the City.

   (b)   The Service Director shall be responsible for enforcement of this chapter. Whenever the Service Director determines that a violation of this chapter exists, he or she shall take action as follows:

      (1)   He or she shall give written notice of the violation to the occupant and the owner shown on the most recent tax roll. A copy of such written notice endorsed by him or her shall be transmitted to the Law Director. The notice shall include, but not be limited to:

         A.   A description of the location of the property involved, either by street address or by legal description;

         B.   A statement indicating the nature of the violation;

         C.   A statement showing the time within which all necessary remedial action shall be accomplished, which time may not be less than forty-five (45) days from the date of such written notice;

         D.   The name of the person upon whom the notice of violation is served;

         E.   A statement advising that upon the failure to comply with the requirements of the notice, the City shall take such enforcement procedures as may be required under this chapter. Upon failure of the person or persons to comply with the notice, the Service Director, his designee or Urban Forester shall cause action to be taken by use of City forces and equipment or by hiring of private individuals and equipment. Upon completion of such work, as required, the Service Director shall cause the expenses and labor costs incurred to be determined and a statement therefor to be mailed to the affected person. If statements have not been paid within sixty (60) days after mailing, the Director of Finance shall make a written return to the County Auditor of the action, with a statement of the charges and a proper description of the premises. Such amount, when allowed, shall be entered upon the tax duplicate and a lien upon such lands from and after the date of entry and shall be collected as other taxes and returned to the Municipality with the General Fund.

      (2)   Service of written notice required by this chapter shall be deemed completed upon posting of the notice by certified mail, return receipt requested, to the last known address of such person.

(Ord. C58-97. Passed 11-17-97.)

   Any applicant aggrieved by a decision of the Service Director made pursuant to this chapter may appeal to the Board of Zoning Appeals within forty five days of written notice.

(Ord. C11-96. Passed 2-20-96; Ord. C58-97. Passed 11-17-97.)

   (a)   There shall be a landscape inspection fee for all plans review and site inspections, as follows:

 

 

   (b)   All landscape inspection fees collected under this section shall be dedicated to fund the inspector’s personnel costs and pension benefits and be deposited into the Community Environment Fund for this express purpose.

(Ord. C36-05. Passed 4-18-05; Ord. C106-05. Passed 11-7-05.)

   Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the fourth degree and shall be jailed not more than thirty (30) days for each offense and fined not more than two hundred fifty dollars ($250) for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. A separate offense shall be deemed committed for the unlawful destruction of each tree six inches (6") or greater.

(Ord. C6-86. Passed 3-3-86; Ord. C58-97. Passed 11-17-97.)

 

(Ord. C17-99. Passed 7-6-99.)