A.

The general purpose of this chapter is to promote the public health, safety, and welfare by facilitating the proper and timely landscaping of all properties in keeping with the character of the town and by insuring that substantial changes in existing landscaping are appropriate to the needs and standards of the community.

B.

Additional, specific purposes of this chapter are (i) to reduce fire hazards caused by uncleared wild grasses, undergrowth, and dead growth, (ii) to mitigate erosion and storm water run-off and to protect water quality, and (iii) to encourage efficient water use through proper landscape design and appropriate plant selection for the local climate. (However, nothing in this chapter shall be deemed to mean that property developed in accordance with the provisions of this chapter is entitled to water in excess of that allocated for such property during periods of water rationing.)

(Ord. 639 § 26 (part), 2003)

(Ord. No. 757, § 17, 10-14-2019; Ord. No. 789, § 1(Exh. A), 3-13-2023)

For the purpose of this chapter:

"Certified arborist" means an arborist certified by the International Society of Arboriculture (ISA) with current certification standing, meeting all current renewal requirements and continuing education requirements; or an American Society of Consulting Arborists (ASCA) consulting arborist with current membership standing, meeting all continuing education requirements.

"Grove" means a group of at least five woody plants of the same type with a diameter of six inches or more measured at four feet, six inches above natural grade.

"Landscaped" means having had landscaping installed.

"Landscaping" means any one or combination of the following:

1.

Installing or planting trees, shrubs, grass, or ornamental or other vegetation.

2.

Installing or constructing decks, fences, walls, arbors, lighting fixtures, statuary, fountains, ponds, or other ornamental structures.

3.

Arranging the land and the elements thereon by grading (which includes, but is not limited to, moving, altering, scarifying, excavating, digging, leveling, filling, tunneling, or scraping the natural topography).

4.

Removing any tree (which includes, but is not limited to, any pruning, cutting, or damage to any portion of a tree which in the opinion of a town-qualified arborist, shall in effect permanently compromise the health and safety of a tree).

5.

Demolishing any swimming pool.

6.

Altering or potentially altering drainage or creating or potentially creating a soil erosion problem.

7.

Installing or constructing green infrastructure measures, including, but not limited to, rain gardens and pervious pavement.

"Protected tree" means:

1.

Any tree species, which measures eighteen inches or more in cumulative diameter, measured at four feet six inches above natural grade.

2.

Any tree planted as a requirement tree for site development, tree permit condition, landscape plan removal replacement, or other designated condition by the city.

3.

"Protected tree" does not include any tree grown or held for sale by a licensed nursery.

"Tree" means any woody plant which has a trunk with a diameter of six inches or more measured at four feet, six inches above natural grade.

"Town-qualified arborist" means any certified arborist authorized to work on behalf of the Town of Hillsborough.

The foregoing notwithstanding, nothing in these definitions shall be deemed to preclude leaving the land in its natural state (if kept clear of dead vegetation) so long as that is consistent with the purposes set forth in Section 17.56.010.

(Ord. 639 § 26 (part), 2003)

(Ord. No. 757, § 18, 10-14-2019; Ord. No. 761, § 18, 1-13-2020; Ord. No. 789, § 1(Exh. A), 3-13-2023)

All developed property shall be landscaped. In the event that all or part of a lot has never been graded or planted, that portion of the lot may be retained in its natural state, if appropriately maintained. Appropriate maintenance of the natural state shall include, but not necessarily be limited to, removing dead, dying, or other hazardous trees or other vegetation, and otherwise pruning, thinning, and maintaining the natural vegetation to ensure fire safety and to ensure compliance otherwise with the purposes of this chapter.

(Ord. 639 § 26 (part), 2003)

Landscaping shall comply with the town's water conservation landscaping requirements as outlined in Chapter 15.29 of this Code.

(Ord. 640 § 5 (part), 2003; Ord. 639 § 26 (part), 2003)

(Ord. No. 689, § 4, 6-14-2010; Ord. No. 789, § 1(Exh. A), 3-13-2023)

Landscaping projects subject to the review and permit procedures of this chapter are the following:

A.

Removing a protected tree as defined in this chapter. (Such tree removal shall also comply with Title 14.)

B.

Adding or moving fifty cubic yards or more of dirt or soil.

C.

Rehabilitating more than ten thousand square feet of landscaped area.

D.

Installing landscaping for a residence being newly constructed (either on a previously unimproved lot or on a lot whose previous residence has been torn down).

E.

Synthetic grass in areas visible from the public right-of-way.

F.

Removal of a grove of trees.

(Ord. 683 § 11, 2008: Ord. 654 § 26, 2004; Ord. 640 § 5 (part), 2003; Ord. 644 § 1, 2003; Ord. 639 § 26 (part), 2003)

(Ord. No. 715, § 11, 6-9-2014; Ord. No. 761, § 19, 1-13-2020; Ord. No. 789, § 1(Exh. A), 3-13-2023)

A.

Landscaping projects listed in Section 17.56.050 shall require design review approval as set forth in Section 2.12.070. (Landscaping projects listed in Section 17.56.050 require type B design review per Section 2.12.070(A)(2)(c)(viii). Landscaping projects not listed in Section 17.56.050 are not subject to design review at all, per Section 2.12.070(B)(1)(e).

B.

The applicant shall obtain design review approval of the landscaping plan prior to the issuance of any building permit for the construction, reconstruction, or remodel of any structure being built in connection with the installation of the landscaping.

(Ord. 639 § 26 (part), 2003)

After securing design review approval as set forth in Section 17.56.060, the applicant shall file a written application with the building department to obtain the appropriate permit(s) required for the installation of the landscaping. (Depending on the design of the landscaping, such permits can include building, plumbing, electrical, encroachment, etc.) The application for permit(s) shall be filed on a standard form prepared for that purpose, together with the application fee as set forth from time to time by resolution of the city council. If Section 17.56.040 is applicable to the landscaping plan, the application for permit(s) shall also include an irrigation system plan that provides for efficient use of irrigation by grouping high water use plants together. Approved landscape permits associated with construction projects subject to a building permit are required prior to the granting of a final approval on a construction permit. When a permit for removal is issued the entire tree must be removed to within twelve inches of grade.

(Ord. 639 § 26(part), 2003)

(Ord. No. 692, § 6, 9-13-2010; Ord. No. 715, § 12, 6-9-2014)

The building department may require that the applicant post a bond or other security satisfactory to the building department prior to the issuance of the permit(s) for landscaping. The amount of the bond or other security shall be set by the building department in an amount sufficient to guarantee completion of the approved landscaping by the applicable deadline set forth in Section 17.56.090.

(Ord. 639 § 26 (part), 2003)

A.

Landscaping installed in connection with the construction of a new residence shall be completed within six months after the date of issuance of the certificate of occupancy for the residence pursuant to Title 15 of this Code.

B.

For landscaping approved by the architecture and design review board in connection with a construction project approved by the architecture and design review board for an addition to, remodeling of, and/or any other reconstruction of an existing residence, the applicant shall obtain final inspection of the landscaping prior to final inspection of the construction project.

C.

In all events and notwithstanding any other provision in paragraph A or B of this section, for construction described in paragraph A or B of this section, the applicant shall obtain a final inspection of the landscaping within one year of the sheet rock nailing inspection of the construction project.

(Ord. 640 § 5 (part), 2003; Ord. 639 § 26 (part), 2003)

Chapter 17.56 shall apply to all single-family dwellings (as described in Section 17.16.010(A)(1)). Except for Sections 17.56.040 and 17.56.090, Chapter 17.56 shall also apply to all country clubs (as described in Section 17.16.010(A)(2)), all private schools (as described in Section 17.16.010(B)(2)), and the racquet club (as described in 17.16.010(E)(1)); provided, however, that as to country clubs, private schools, and the racquet club, paragraph D of Section 17.56.050 shall apply only to single-family dwellings, if any, located on the premises of country clubs, private schools, or the racquet club.

(Ord. 640 § 5 (part), 2003)