The purpose of this chapter [article] is to:

(1)

Require planting and preservation of trees and other landscape elements to improve the appearance of paved and unpaved off-street parking and vehicular use areas (PVAs);

(2)

Establish criteria for off-street parking areas in order to protect and preserve the appearance, character, and value of surrounding properties, and thereby promote the general welfare, safety, and aesthetic quality of the City of Huntsville;

(3)

Partition large PVAs with planting islands and peninsulas;

(4)

Insulate public rights-of-way and adjoining properties from noise, glare, and other distractions originating from off-street PVAs;

(5)

Provide safer vehicle and pedestrian circulation within off-street PVAs and along public rights-of-way;

(6)

Protect streams and watercourses from excessive runoff and erosion, and to replenish underground water reservoirs by using natural drainage and infiltration systems.

(7)

Establish lighting levels designed to promote visual surveillance, reduce the potential for criminal activity, and increase security.

(Ord. No. 99-1020, § 16, 1-13-2000)

71.2.1. General requirements and landscape plans. Any off-street PVA (or system of PVAs) totaling 15 or more parking spaces or containing 5,000 square feet or more, on a single parcel of land, must be constructed in accordance with landscape and lighting plans complying with this article. Perimeter landscaping and lighting are required for all such PVAs; in addition, interior landscaping is required for PVAs having 40 or more parking spaces, or 12,000 or more square feet in area.

71.2.2. Existing paved or unpaved PVAs. When a lawful paved or unpaved off-street PVA already exists at the effective date of this article, such area may continue until it is expanded by more than five percent of its existing parking capacity as calculated pursuant to this article; or until the structure on the property is enlarged, relocated, or demolished for a new structure; or until a new or additional structure is constructed on the property; or until redevelopment begins on property that has been vacant for at least six months; at which time the entire PVA must be brought into conformity with requirements for new construction.

71.2.3. Parking garages and underground PVAs. Only perimeter landscaping is required for parking garages; landscaping requirements for adjoining PVAs at or near the grade of surrounding land will be calculated separately. Wholly underground PVAs are exempt from the landscaping requirements of this article but subject to the lighting requirements of section 71.6.

71.2.4. Minimum compliance. The requirements of this article are minimum standards.

(Ord. No. 99-1020, § 16, 1-13-2000; Ord. No. 01-746, § 1, 10-25-2001)

Accessway. One or more driving lanes intended for use by vehicles entering or leaving a PVA.

Approving authority (for landscape plans). The Manager of Inspection of the City of Huntsville.

Berm. A planted or landscaped elevated ground area between two other areas, generally designed to restrict view and to deflect or absorb noise. Berms with ground cover that necessitates mowing shall have a slope not greater than one foot of rise per three feet of run.

Caliper. Trunk diameter of a tree used in landscaping, measured six inches above ground for trees up to four-inch caliper, and 12 inches above ground for larger trees.

Crown. The branches and leaves of a tree or shrub with the associated upper trunk.

Deciduous plants. Those that shed their leaves during their dormant season and produce new leaves the following growing season.

Evergreen plants. Those that retain their leaves during their dormant season.

Footcandle. A measure of light striking a surface one square foot in area on which one unit of light (lumen) is uniformly distributed.

Ground cover. Plants, mulch, gravel, and other landscape elements used to prevent soil erosion, compaction, etc.

Interior landscaping. Treatment of grade, ground cover, vegetation, and ornamentation within a PVA.

Island. An interior landscaping feature surrounded on all sides by driving and/or parking surfaces.

Landscape element. A plant material (living or nonliving) or an ornamental material (river rock, brick, tile, statuary, etc.) differentiated from surrounding PVA surfacing materials.

Luminaire. A complete lighting unit that consists of one or more lamps and ballast, if needed, together with other parts designed to distribute light, position and protect lamps, and connect lamps to the power source.

Mulch. A material (pinestraw, bark chips, wood chips, etc.) placed on the ground to stabilize soil, protect roots, limit weed growth, and otherwise promote tree and shrub growth by simulating the role of natural forest leaf-litter.

Mulch bed. An area, generally bordered by a retaining device, with a covering of mulch over the soil.

Off-street parking and vehicular use area (PVA). An area, other than on public right-of-way, designated for the parking and movement of vehicles.

Parking garage. A structure used for parking of vehicles and having one or more parking levels above the grade of surrounding land.

Parking space. An area marked for the parking of one vehicle.

Peninsula. An interior landscaping feature attached on only one side to perimeter landscaping, buildings, etc., and surrounded on all other sides by PVA.

Perimeter landscaping. Treatment of grade, ground cover, vegetation, and ornamentation between a PVA and adjoining properties and/or rights-of-way, but excluding landscaping between a PVA and buildings on the same property.

PVA. See off-street parking and vehicular use area.

Shrub. A woody plant, generally multi-stemmed, of smaller stature than a tree.

Stem. See trunk.

Tree. A woody plant, generally with no more than one or two principal stems.

Trunk. A principal upright supporting structure of a tree or shrub.

Underground PVA. A parking area completely covered by a structure or by grass or other landscaping elements.

Visibility triangle. An area of critical visibility defined by chapter 25, article IX, visual obstructions, in which landscaping is restricted in the interest of vehicular traffic safety.

(Ord. No. 99-1020, § 16, 1-13-2000)

Landscaping of PVAs when required shall be of two types as described below: Perimeter landscaping and interior landscaping, and shall conform to landscape plans submitted and approved in accordance with the requirements of this article.

71.4.1. Landscape plan requirements. A detailed landscape plan indicating the number of parking spaces, the overall amount of PVA area, the amount of interior landscaping area, and the extent of perimeter landscaping shall be submitted and approved prior to issuance of a building permit. Landscape plans submitted under this article shall include information as listed below:

(1)

General information, including date, north arrow, and scale of one inch to no more than 50 feet; all property lines, locations of all existing and proposed easements and rights-of-way; existing and proposed topography, drawn at a maximum contour interval of five feet and indicating drainage channels; the zoning designations of the site itself and all adjacent properties; the names, addresses, and telephone numbers of developers, architects, and owners of the property for which the plan is designed; and the name and business affiliation of the person preparing the landscape plans.

(2)

Construction information, including the locations of buildings, parking spaces and vehicular use areas; utility fixtures, including lightpoles, power and service poles, above-ground pedestals (low-voltage) and pad-mounted (high-voltage) fixtures, underground electrical, communications, and television cables and conduits; hose bibs, sprinkler systems, meters, control boxes, etc.; and the amount (square feet) of PVA and intended surface treatments; and the total amount (square feet) of interior landscaping in peninsulas and islands.

(3)

Landscaping details, including the locations, caliper, species (common name), and intended treatment (move, remove, or save) of existing trees eight inches or larger in caliper; locations, dimensions and treatments of all perimeter and interior landscaping areas (islands and peninsulas).

(4)

A schedule of all new and existing plants proposed for landscaping, including size (caliper and height, container size, etc.), condition (bare-root, balled-and-burlapped, container-grown, or preexisting), common names and botanical names (genus, species, and variety) of trees, shrubs, and ground cover, and the type and amount of turf grasses.

71.4.2. Perimeter landscaping requirements. For any PVA of 15 or more parking spaces or totaling 5,000 square feet or more, perimeter landscaping according to these standards must be provided within the property lines between the PVA and adjoining properties and public rights-of-way. Planting areas existing in the public right-of-way or on adjoining property shall not count toward the required perimeter landscaping area.

(1)

Perimeter landscaping areas shall be at least five continuous feet in depth, excluding walkways, measured perpendicularly from the adjacent property line or right-of-way to the back of curb or pavement edge.

(2)

Accessways through perimeter landscaped areas, between PVAs and public rights-of-way and between adjacent PVAs, shall conform to the following standards:

*The width of accessways may be subtracted from the perimeter dimension used in determining the number of trees required.

**Accessways for sites must have specific approval from the city public works services department, department of parking and public transit, and, if fronted on a state highway, the State of Alabama Highway Department.

(3)

Perimeter landscaping shall include at least an average of one tree and six shrubs per full 50 linear feet of perimeter requiring perimeter plantings (less accessways); shrubs are optional in areas where a berm at least three feet in height is used. Trees and shrubs shall be well-distributed, though not necessarily evenly spaced.

(4)

Landscaping at driveways and street intersections shall conform to chapter 25, article IX, visual obstructions, and section 73.10, corner visibility, hereof.

71.4.3. Interior landscaping requirements. Planting islands and/or peninsulas shall be provided for any PVA of 40 or more parking spaces or 12,000 or more square feet (not including the area of perimeter landscaping and not including the area of any plantings between the parking lot and buildings), with dimensions and arrangements as given below:

(1)

The minimum area of required interior landscaping shall be determined by the following formula:

Min Interior Landscape Area = Total PVA Area (sq. ft.) ×
[1.826 + (0.00435 x total number of parking spaces planned)]
100

... up to a maximum requirement of four percent of PVA area for PVAs containing 500 or more parking spaces. No interior landscaping is required for PVAs containing fewer than 40 parking spaces or less than 12,000 square feet.

(2)

Each island or peninsula, to count toward the total interior landscape requirement, shall be at least 100 square feet in area; however, the maximum contribution of any individual island or peninsula to the total interior landscaping requirement shall be 1,000 square feet.

(3)

Islands and peninsulas must be at least five feet in their least dimension, measured from back of curb to back of curb.

(4)

In the case where the loading, storage or vehicular access requirements of a particular use make the interior landscaping impracticable, then the requirements for interior islands and peninsulas may be waived provided that an equivalent area is added to the landscaping elsewhere and is in addition to the landscaping otherwise required on the site.

(5)

The interior landscaped area shall contain at least an average of one tree and four shrubs per 200 square feet of landscaped area. Each island or peninsula shall contain at least one tree.

71.4.4. Credit for existing plant materials. Each existing tree meeting the following criteria may count, at the option of the owner, for two of the trees in its class (interior or perimeter) required in this section if other landscaping requirements are met, and if it:

(1)

Has a minimum caliper of three inches;

(2)

Is not one of the following species hereby determined to be unacceptable for parking lot landscaping:

(3)

Is at least two feet from the nearest planned curb or standard protective wheel stop and is within a planned planting of at least 100 square feet;

(4)

Has a live crown at least 30 percent of the total tree height and is free from serious root, trunk, and crown injury;

(5)

Is indicated on the landscaping plan as a tree "to be saved"; and

(6)

Is situated so that it can be incorporated into a planned perimeter landscaping area, island, or peninsula with minimal grade cut or fill; and is protected during all prelandscaping phases of construction by a durable physical barrier excluding all vehicles, equipment, materials, and activities from the area that is to become a part of this landscaped area.

71.4.5. Inspection checklist. A checklist generally reflecting the requirements shall be devised by the planning department and shall be kept up to date, used in reviewing landscape plans, and made available to interested parties as a supplement to administration of this article.

(Ord. No. 99-1020, § 16, 1-13-2000; Ord. No. 07-460, § 6, 6-28-2007; Ord. No. 09-430, § 2, 7-9-2009)

71.5.1. Trees and shrubs. All trees and shrubs planted (in addition to any existing trees allowed under "existing plant materials") in required perimeter and interior landscaped areas shall:

(1)

(For trees) Be of species other than those determined by this section as unacceptable for parking lot landscaping.

(2)

(For trees and shrubs) Conform to the minimum size standards in Table 1, based

on the American Standard for Nursery Stock, ANSI Z60.1-1980, published by the American Association of Nurserymen and approved by the American National Standards Institute on October 27, 1980, as follows:

_____

TABLE 1. MINIMUM SIZE STANDARDS FOR PLANTING STOCK

_____

(3)

(For trees and shrubs) Be planted within a bed of mulch or ground cover other than turfgrass, or be protected by some barrier to damage from vehicles and maintenance equipment.

(4)

(For trees) Be spaced no closer than ten feet to count toward the required ratio between perimeter and number of trees; such trees need not be evenly spaced along perimeter landscaping areas, and trees in excess of the minimum requirement may be closer than ten feet apart.

71.5.2. Grass or other permanent ground cover. [Grass and other permanent ground cover] shall be installed and maintained on all parts of each landscaped area.

Effective measures shall be taken to control erosion and stormwater runoff through the use of mulches, ground cover plants, erosion-control netting, etc.

Ground cover may include shrubs and low-growing plants such as Liriope, English ivy (Hedera helix), periwinkle (Vinca minor), and similar materials. Ground cover may also include nonliving organic materials such as bark or pinestraw, and inorganic materials such as pebbles, crushed rock, brick, tile, and decorative blocks; however, inorganic materials shall not make up more than ten percent of the landscaped area.

71.5.3. Installation requirements.

(1)

Required landscaped areas adjacent to parking areas shall be protected by fixed curbing or other permanent wheel stops along all sides exposed to parked or moving vehicles.

(2)

When possible, trees should be located on extensions of parking stall lines to minimize bumper, exhaust, and engine heat damage to trees.

(3)

The maximum recommended distance from any part of a required landscaped area to the nearest hose bib or other irrigation water supply fixture shall be 150 feet, except where built-in irrigation systems are provided.

(4)

Synthetic or artificial material in imitation of trees, shrubs, turf, ground covers, vines, or other plants shall not be used in lieu of plant requirements in this ordinance.

(5)

Hedges, walls, and berms, though not required, are encouraged to help minimize the visual impact of PVAs. Berms with ground cover that necessitates mowing shall have a slope not greater than one foot of rise per three feet of run.

(6)

The use of permanent broad-area mulch beds is encouraged to increase absorption of surface water, retard erosion, runoff, and stream siltation, protect tree roots and stems, and foster tree health.

(7)

Planting dates recommended by the City of Huntsville are shown in Table 2.

_____

TABLE 2. RECOMMENDED PLANTING DATES

_____

(8)

Landscaping must be designed to be compatible with existing and planned overhead and underground electrical, communications, and television cables and conduits, public water supply lines, and storm and sanitary sewer lines.

71.5.4. Maintenance. The owner, lessee, or his agents shall be responsible for providing, maintaining, and protecting all landscaping in a healthy and growing condition, and for keeping it free from refuse and debris. All unhealthy and dead materials shall be replaced within one year after notification, or during the next appropriate planting period, whichever comes first.

A detailed lighting plan for all PVAs having 15 or more parking spaces or containing at least 5,000 square feet of PVA must be submitted with the construction and landscape plans.

71.6.1. The lighting plan shall be drawn on the border of the submitting professional and shall clearly define the property lines and the zoning classifications for all adjacent properties. The lighting plan shall provide the following information:

(1)

The type of lamp to be used in each fixture, including the manufacturer's name and part number, lamp wattage, lumen output, and a copy of the manufacturer's lamp specifications;

(2)

Pole heights and locations;

(3)

The type of fixtures, including the manufacturer's name and model number, wattage and light loss factor meeting the standards in section 71.6.3(2), a picture of the fixture, and the IES file name;

(4)

Point-to-point photometric calculations at intervals of not more than ten feet at ground level demonstrating that the plan will provide a uniform intensity of lighting on vehicular surfaces in conformance with the requirements of section 71.6.3 below;

(5)

The area of each photometric calculation, including an extra calculation to identify the light level produced at the property line, and all data used in each calculation; and

(6)

The stamp of the qualified registered Alabama professional.

71.6.2. All exterior lighting fixtures shall be:

(1)

Protected by a weather and vandal resistant covering;

(2)

Located and fitted with appropriate cutoffs, if necessary, to prevent the light level on any adjoining roadway or residential property line from exceeding one footcandle;

(3)

Aimed so that they do not exceed an angle of 45 degrees out from the base of the pole when using floodlights;

(4)

Installed on poles 30 feet or less in height, unless the PVA exceeds 25,000 square feet; in such cases, poles exceeding 30 feet, as measured from the finished grade to the bottom of the fixture, may be used if it is demonstrated that all the requirements of this section can be met; and

(5)

Shielded so as to prevent glare on adjacent properties and rights-of-way.

71.6.3. PVA lighting shall be designed and installed in compliance with the following standards:

_____

(1)

Illumination requirements for PVAs as measured at ground level:

* The highest horizontal illuminance area, divided by the lowest horizontal illuminance point or area should not be greater than the ratio shown. The maximum/minimum ratio must be calculated only for the area within the PVA; maximum light level at the right of way and at property lines shall also be shown.

(2)

Standards for Light Loss Factors:

* Light loss factor of 1.00 can only be substantiated when luminaires are designed with "fail-up" technology when a single lighting element fails the luminaire responds by auto increasing the output of the remaining LEDs or when luminaires have inter-changeable light engines making circuit boards replaceable or interchangeable upon group failure.

_____

71.6.4. All required lighting shall be installed and approved prior to issuance of a certificate of occupancy. The registered professional who stamped the plans shall certify by letter that the installation complies with the approved plans. The letter shall specify fixtures, wattages, pole heights, and any special requirements, such as rotation, angle, shielding or positioning of critical poles at property lines. For PVAs smaller than 6,000 square feet, a certification letter must be submitted only if requested by the city.

71.6.5. PVA lighting meeting the standards of [this] section 71.6. shall be utilized during all hours of operation between dusk and dawn.

(Ord. No. 99-206, § 6, 4-8-1999; Ord. No. 99-1020, § 16, 1-13-2000; Ord. No. 01-746, § 2, 10-25-2001; Ord. No. 11-897, § 1, 1-26-2012; Ord. No. 15-756, § 1, 11-19-2015)

Upon the beginning of installation of plant materials required by this article, the property owner or developer shall notify the zoning administrator. The zoning administrator will require correction of conditions contrary to the requirements of this article and replacement of plant materials that are dead, diseased, damaged, or planted so as to kill or injure the plants.

(Ord. No. 07-460, § 6, 6-28-2007)

No certificate of occupancy shall be issued until the provisions of this article concerning landscaping have been met or a performance bond, letter of credit or certified check has been posted. When circumstances preclude immediate planting, a certificate of occupancy may be granted after (1) the owner or developer has completed all curbing, irrigation systems, and other construction preliminary to planting, and (2) the property owner or developer posts a corporate surety bond, letter of credit, or cashier's check with the city clerk in an amount equal to 100 percent of the cost of the total required planting, including labor. Such bond shall be made payable to the City of Huntsville. Landscaping must be completed and approved within six months (180 calendar days) after a certificate of occupancy is issued in order to redeem the bond.

(Ord. No. 99-1020, § 16, 1-13-2000)

The zoning administrator shall make inspections as necessary pursuant to this article and shall initiate appropriate action to bring about compliance with it. Upon becoming aware of any violation of the provisions of this article, the zoning administrator shall serve written notice of such violation upon the person(s) responsible for compliance. No penalty shall be assessed until the expiration of the bond, if one has been posted, or otherwise until 60 days after notification of violation(s).

(Ord. No. 07-460, § 6, 6-28-2007)