(A)

The purpose of this chapter is to promote site planning, which furthers the preservation of mature trees and natural areas, to protect trees during construction, to facilitate site design and construction, which contribute to the long-term viability of existing trees and to control the removal of trees when necessary. Therefore, landscaping is hereafter required of new development, redevelopment of property, and clearing of developed properties in the following zones: B1, B2, L1, PD, and any other category that may be added which is commercial, and R-1, R-2, R-3, R-4, R-4A, R-5, R-6A, R-6B, R-6C, R-6D, MF-1, MH-1, R-DP, R-TH, CD-1, and any other category that may be added which is residential.

(B)

It is the further purpose of this chapter to achieve the following broader objectives:

(1)

Prohibit the indiscriminate clearing of property.

(2)

Protect and increase the value of commercial and residential properties within the city.

(3)

Maintain and enhance a positive image for the attraction of new business enterprises and residential developments to the city.

(4)

Protect healthy quality trees and promote the natural ecological and aesthetic qualities of the city.

(Ord. O-2005-013, passed 9-13-05; Am. Ord. O-2011-002, passed 1-11-11)

(A)

The standards and criteria contained within this chapter are deemed to be minimum standards and shall apply to all new commercial and residential construction or redevelopment of commercial and residential property occurring within the city. Developed properties shall comply with the protection requirements of this chapter when removing protected trees. Additionally, any use requiring a Specific Use Permit must comply with these landscape standards, unless otherwise specified. The Building Official, or his designee shall administer the provisions of this section. The landscape standards in this chapter shall apply to all commercially zoned districts including but not limited to: B1, B2, Ll and PD, and all residentially zoned districts including but not limited to: R-1, R-2, R-3, R-4, R-4A, R-5, R-6A, R-6B, R-6C, R-6D, MF-1, MH-1, R-DP, R-TH, CD-1.

(B)

If at any time after the issuance of a certificate of occupancy or the final inspection, the approved landscaping is found to be in nonconformance to the standards and criteria of this chapter, the Code Enforcement Officer (or his designee) may issue a notice to the owner, citing the violation and describing what action is required to comply with this chapter. The owner, tenant or agent shall have 30 days from the date of said notice to restore the landscaping as it was approved in the site plan. For properties developed prior to this chapter, removal of protected trees without complying with this chapter shall be treated the same as failure to maintain property in compliance with an approved site plan. If the landscaping is not restored within the allotted time, such person shall be in violation of this chapter.

(Ord. O-2005-013, passed 9-13-05; Am. Ord. O-2011-002, passed 1-11-11)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CLEAR CUTTING. Removal of all the trees or a significant majority of the trees within an area.

CRITICAL ROOT ZONE. The area of undisturbed natural soil around a tree defined by a concentric circle with a radius equal to the distance from the trunk to the outermost portion of the drip line.

CROWN OF SPREAD. The circumference of the outermost portion of the canopy.

DIRT WORK. By use of mechanical or other methods to change the surface/appearance of the land or property.

DRIP LINE. A vertical line run through the outermost portion of the canopy of a tree and extending to the ground.

PROTECTED TREE. Any tree not listed as an unprotected tree in § 157.011(E).

(Ord. O-2005-013, passed 9-13-05)

For new construction or redevelopment of property taking place on commercially or residentially zoned property, landscaping will not be required if the size/location/shape/geographic nature of the property does not allow for adequate coverage, as determined by the Building Official.

(Ord. O-2005-013, passed 9-13-05; Am. Ord. O-2011-002, passed 1-11-11)

(A)

No permits shall be issued for building, paving, grading, dirt work, clear cutting, or construction until a detailed landscape plan is submitted and approved by the Building Official, or his designee, along with the site plan and engineering/construction plans. A conceptual or generalized landscape plan shall be required as part of the site plan submission. Prior to a final inspection being conducted and/or the issuance of a certificate of occupancy for any building or structure, all screening and landscaping shall be in place in accordance with the landscape plan.

(B)

No protected tree shall be removed until a landscape plan detailing the location of replacement trees is submitted to the Building Official or his/her designee. Within 30 days of removal, replacement trees shall be planted.

(C)

In any case in which a final inspection and/or a certificate of occupancy is sought at a season of the year in which the Building Official, or his designee, determines it would be impractical to plant trees, shrubs, or grass, or to lay turf, a temporary certificate of occupancy and/or a final inspection may be issued provided a letter of agreement from the property owner is provided stating when the installation shall occur. All landscaping required by the landscaping plan shall be installed within six months of the date of the issuance of a temporary certificate of occupancy and/or the final inspection.

(Ord. O-2005-013, passed 9-13-05)

(A)

Prior to the issuance of a building, paving, grading, protected tree removal, or construction permit for any use, a landscape plan shall be submitted to the Building Official, or his designee. The Building Official, or his designee, shall review such plan(s) and shall approve it if the plan is in accordance with the criteria of these regulations. If the plan is not in accord, it shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.

(B)

A person in plant material usage and landscape design shall prepare landscaping plans (e.g., landscape architect, landscape contractor, landscape designer, etc.) and shall contain the following minimum information:

(1)

Minimum scale of one inch equals 100 feet; show scale in both written and graphic form;

(2)

Location, size, and species of all trees to be preserved (do not use "tree stamps" unless they indicate true size and location of trees);

(3)

Location of all plant and landscaping material to be used, including plants, paving, benches, screens, fountains, statues, earthen berms, ponds (to include depth of water), topography of site, or other landscape features;

(4)

Species of all plant material to be used;

(5)

Size of all plant material to be used (container size, planted height, etc.);

(6)

Spacing of plant material where appropriate;

(7)

Layout and description of irrigation, sprinkler, or water systems including location of water sources;

(8)

Description of maintenance provision;

(9)

Person(s) responsible for the preparation of the landscape plan;

(10)

North arrow/symbol; and

(11)

Date of the landscape plan.

(Ord. O-2005-013, passed 9-13-05)

The following criteria and standards shall apply to landscape materials and installation:

(A)

All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may be used under trees, shrubs and other plants.

(B)

Plant materials shall conform to the standards of the approved plant list for the city (see § 157.011 for the approved plant tree list). Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects.

(C)

Trees shall have an average crown of spread of greater than 15 feet at maturity. Trees having a lesser average mature crown of 15 feet may be substituted by grouping the same so as to create the equivalent of 15 feet crown spread. Large trees shall be a minimum of three inches in diameter (measured at six inches above the ground) and seven feet in height at time of planting. Small trees shall be a minimum of two inches in diameter and five feet in height. The number of trees to be planted will be outlined as follows: for new development one tree per 2,500 square feet of open space; and for protected tree removal a 1:1 ratio.

(D)

Shrubs, not of the dwarf variety, shall be a minimum of two feet in height when measured immediately after planting. Hedges, where installed for screening purposes, shall be planted and maintained so as to form a continuous, unbroken, solid visual screen, which will be three feet high, within two years after time of planting.

(E)

Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded except that solid sod shall be used in swales, earthen berms or other areas subject to erosion.

(F)

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a furbished appearance and reasonable completed coverage within one year of planting.

(G)

All required landscaped open space shall be provided with adequate and inconspicuous irrigation systems. Areas totaling less than ten square feet may be irrigated by other methods.

(H)

Landscaping shall be a minimum of three feet from the property line.

(Ord. O-2005-013, passed 9-13-05; Am. Ord. O-2011-002, passed 1-11-11; Am. Ord. O-2013-010, passed 5-28-13)

Cross reference— Penalty, see § 157.999

The following criteria and standards shall apply to landscape materials and installation:

(A)

The builder shall in all residential uses landscape all yards facing roadways prior to building final and the homeowner occupying the structure. Landscaping shall include placement of sod, over seeding or sprigging. This requirement includes the bar ditch and/or sidewalk up to the road.

(B)

In the front yard of each home, at least one tree shall be planted or retained. The required tree shall have a minimum size of 3 1/2 caliper inches measured six inches above the ground, (alternatively two trees with a minimum size of two inches may be substituted for one 3 1/2 caliper inch tree) and be one of the species listed in § 157.011.

(C)

Only landscaping consisting of quality grass, shrubs, and trees that are generally found in quality residential neighborhoods shall be permitted.

(D)

Landscaping materials such as wood chips and gravel may be used under trees, shrubs, and other plants.

(E)

Plant materials shall conform to the standards of the approved plant list for the city. (See § 157.011 for the approved plant tree list.) Grass seed, sod, and other material shall be clean and reasonably free of weeds and noxious pests and insects.

(F)

Ground covers used in lieu of grass in whole and in part shall be planted in such a manner as to present a furbished appearance and reasonable completed coverage within one year of planting.

(Ord. O-2011-002, passed 1-11-11)

(A)

The clear cutting of land in commercially and residentially zoned areas is prohibited.

(B)

Removal of protected trees in commercially and residentially zoned areas is prohibited without a permit and must comply with the tree replacement requirements of § 157.010.

(Ord. O-2005-013, passed 9-13-05; Am. Ord. O-2011-002, passed 1-11-11)

Cross reference— Penalty, see § 157.999

(A)

Overhead lines. Any required replacement trees shall not be planted within an area such that the mature canopy of the tree will be within ten feet of overhead utility lines.

(B)

Proximity to utilities. Any required replacement trees shall not planted within five feet of electrical facilities (underground or surface), public utility lines, including water lines, sewer lines, transmission lines or other utilities. No trees shall be planted within ten feet of a fire hydrant. Shrubs will be permitted outside of the minimum clearance of surface electrical facilities established by the franchise electric company.

(C)

Intersecting streets/highways. Landscaping shall not be installed as to prohibit and/or limit the line of sight for ingress and egress.

(Ord. O-2005-013, passed 9-13-05)

(A)

Tree replacement. In the event that it is necessary to remove a protected tree(s), the party (other than franchise and utility companies) removing the protected tree shall be required to replace the tree(s) being removed with quality trees as defined in § 157.011(A) or (B). A sufficient number of trees shall be planted to equal or exceed the diameter (measured at 4 1/2 feet above ground level) of each protected tree removed. This mitigative measure is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives, which could save more existing trees, have been evaluated and reasonably rejected. The replacement trees shall be a minimum of three inches in diameter (measured at one foot above ground) and seven feet in height when planted.

(B)

Replacement procedures. At the time of review, the Building Official will determine the agent responsible for replacement, and location of the new trees. The replacement trees shall be located on the subject site whenever possible. However, if this is not feasible, the Building Official has the authority to allow the planting to take place on another property, including public property. Franchise utility companies shall be exempt from this requirement. If the Building Official approves the planting of replacement trees more than 30 days after the removal of protected trees, the applicant shall provide the Building Official with a letter of agreement that all replacement trees will be planted within six months.

(Ord. O-2005-013, passed 9-13-05)

Cross reference— Penalty, see § 157.999

The following is a list of recommended high quality, long-living trees and shrubs that are considered suitable for local soil conditions and climate. Other species may be acceptable with approval from the Building Official.

(A)

Overstory (shade) trees.

The listed overstory trees are acceptable replacement trees.

(B)

Accent (ornamental) trees. The following ornamental trees, with Building Official approval, may be substituted for the required shade trees. These ornamental trees shall have a minimum diameter of three inches.

(C)

Evergreen shrubs. Drought and freeze-resistant shrubs include, but are not limited to:

Other plants may be used with approval from the Building Official.

(D)

Ground cover.

(E)

Unprotected trees. Refers to a tree which the city has determined may or may not be worthy of preservation. The following trees shall not be required to be replaced when removed; however, prior to removal a permit must be obtained.

(Ord. O-2005-013, passed 9-13-05)

Any person, firm, corporation, agent or employee thereof who violates any other provisions of this chapter, including, but not limited to, failing to obtain a permit when required, removing a protected tree without replacement with an appropriate number of replacement trees, failing to submit a site plan, or failing to landscape or maintain landscaping as approved in the applicable site plan, shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed $500 for each incident. The unlawful injury, destruction or removal of each tree shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein per tree.

(Ord. O-2005-013, passed 9-13-05)