Johnston City Zoning Code
CHAPTER 181
LANDSCAPING AND OPEN SPACE
181.01 GENERAL LANDSCAPING REQUIREMENTS
1.
No new landscaping planted shall contain plants that are listed on the City of Johnston Prohibited and Temporarily Restricted Tree and Shrub list.
2.
To reduce erosion, all disturbed open space areas shall:
- A.Be covered with a permeable ground cover of grass or native vegetation which is installed as sod or seeded.
- B.Artificial turf may be used as a ground cover so long as it is professionally installed, documented to be permeable, and maintained as permeable over its lifespan.
3.
All trees and shrubs installed to meet the requirements of this chapter shall meet the minimum condition of landscaping at installation as identified in Table 181.1.
| Table 181.1 Vegetation Installation Requirements | ||
|---|---|---|
| Vegetation Type | Minimum Size at Installation | Condition |
| Evergreen tree | 5 feet in height | Container or balled and burlapped |
| Overstory deciduous tree | 1.5 inch caliper | Container or balled and burlapped |
| Understory deciduous tree | 1.25 inch caliper | Container or balled and burlapped |
| Shrub | 5# container | Container |
| Table 181.1 Vegetation Installation Requirements | ||
|---|---|---|
| Vegetation Type | Minimum Size at Installation | Condition |
| Evergreen tree | 5 feet in height | Container or balled and burlapped |
| Overstory deciduous tree | 1.5 inch caliper | Container or balled and burlapped |
| Understory deciduous tree | 1.25 inch caliper | Container or balled and burlapped |
| Shrub | 5# container | Container |
| Table 181.1 Vegetation Installation Requirements | ||
|---|---|---|
| Vegetation Type | Minimum Size at Installation | Condition |
| Evergreen tree | 5 feet in height | Container or balled and burlapped |
| Overstory deciduous tree | 1.5 inch caliper | Container or balled and burlapped |
| Understory deciduous tree | 1.25 inch caliper | Container or balled and burlapped |
| Shrub | 5# container | Container |
| Table 181.1 Vegetation Installation Requirements | ||
|---|---|---|
| Vegetation Type | Minimum Size at Installation | Condition |
| Evergreen tree | 5 feet in height | Container or balled and burlapped |
| Overstory deciduous tree | 1.5 inch caliper | Container or balled and burlapped |
| Understory deciduous tree | 1.25 inch caliper | Container or balled and burlapped |
| Shrub | 5# container | Container |
- 4.Any street tree or shrub must meet the planting standards as identified in Section 181.05 STREET TREES.
- 5.Planting requirements for lots with single-unit or two-unit dwellings
- A.The developer or builder shall provide at least two (2) trees per lot with at least one (1) tree in the front yard.
- 1.At least one (1) of the trees shall be an overstory deciduous or evergreen tree.
- 2.The two (2) trees must be of a different genus.
- 3.The trees must be planted before the issuance of an occupancy permit. If occupancy occurs during the non-planting season, a bond or other guarantee acceptable to the City in an amount determined by the City may be posted for landscaping installation.
- B.At least two (2) trees shall always be maintained on each lot. Damaged, diseased, or dead landscape materials shall be replaced so that the requirements of this Chapter are met at all times. This requirement shall run with the land and be binding upon all future property owners.
- 6.Planting requirements for all development except for the construction of an individual single-unit or two-unit dwelling:
- A.A landscaping plan prepared by a registered landscape architect, or a professional with a degree in forestry, horticulture, landscape design, or similar field, shall be submitted for all site and subdivision-related applications where exterior construction and development activity will occur.
- B.The diversity of landscape plant species must meet the following requirements:
- 1.Each of the first three (3) trees planted on a site must be of different genus.
- 2.When 20 or more trees are required, no more than 20 percent of all trees on a site or within a development can be of the same genus. This shall include all trees required for open space, parking lots, and buffers. Consideration shall be given to not clustering trees of the same genus.
- 3.Applicants are allowed to replace up to 50 percent of a site’s required shrubs with trees at a rate of one (1) overstory tree for five (5) shrubs and one (1) understory tree for three (3) shrubs.
- 4.If certain landscape plant materials previously approved are not available at the time of planting, the applicant may request a substitution. At the discretion of the Zoning Administrator, the substitution may be evaluated administratively or may be directed to the City Council for consideration.
- C.Landscaping installation must be complete before issuance of an occupancy permit. However, if occupancy occurs during the non-planting season, a bond or other guarantee acceptable to the City in an amount determined by the City may be posted for landscaping installation.
- D.All new plants shall be guaranteed by the developer, contractor, or builder for twelve (12) months from the time all planting has been completed and a certificate of occupancy has been issued. All plants shall be alive, of good quality, with no signs of stress, and disease free at the end of the warranty period or they shall be replaced. Any replacements shall be warranted for 12 months from the time of replacement. Prior to the issuance of a Certificate of Occupancy, the City may require a performance bond, certified check, surety bond, or certificate of deposit endorsed to the City in an amount to be determined by the City.
- E.Landscaping required by this chapter shall be maintained for the life of the principal use. Damaged, diseased, or dead landscape materials shall be replaced so that the requirements of this chapter are met at all times. This requirement shall run with the land and be binding upon all future property owners. All landscaping may be subject to periodic inspection for compliance with approved plans.
- 7.Landscaping planted within the street right-of-way or in parking lots, including within 10 feet of the perimeter of paved areas, in medians, or in islands shall meet the following requirements:
- A.All plants selected shall be salt and heat tolerant.
- B.Each overstory deciduous or evergreen tree shall be planted with at least 750 cubic feet of soil that includes between 2 and 4 feet of uncompacted topsoil depth to support a tree at 25 years of life. When there are interconnected plantings, an additional 375 cubic feet of soil is required for each additional tree.
| Figure 181.1 Interconnected Plantings |
|---|
 |
- C.Each understory deciduous tree shall be planted with at least 450 cubic feet of soil volume that includes between two (2) and four (4) feet of uncompacted topsoil depth to support a tree at 25 years of life. When there are interconnected plantings, an additional 225 cubic feet of soil is required for each additional tree.
Effective on: 5/1/2023
181.02 PARKING LOT LANDSCAPING
1.
Required landscaping
- A.Landscaping shall be required when a new, contiguous parking lot has more than 25 cars or a parking lot expansion adds more than 25 cars.
- B.No additional landscaping shall be required for striping or restriping of existing parking lots.
- C.At least one (1) overstory or understory deciduous tree for every 10 stalls of parking shall be provided which may be placed in landscape islands, landscape medians, or within 10 feet of the perimeter of the parking area. Trees required for parking lot landscaping may satisfy open space landscaping requirements.
- 1.Landscape islands and landscape medians that contain trees shall be at least 9 feet wide.
- 2.Where landscaping is to be placed along the perimeter of the parking lot, trees must be located between four (4) and 10 feet of a curb adjacent to any internal parking or drive area.
- D.All parking lot islands and medians shall be landscaped with a combination of turf grass, prairie grass, plant beds, shrubs, and trees with no less than three (3) different landscape materials being utilized. Rock, chip brick, and mulch are allowed in addition to the required landscape materials above. Pavers, pavement and similar hard surfacing shall not be permitted. Sidewalks may be permitted as necessary to accommodate pedestrian circulation.
Effective on: 5/1/2023
181.03 OPEN SPACE AND OPEN SPACE LANDSCAPING REQUIREMENTS
1.
Open Space Required. On each site there shall be provided an open space equal to at least the following percentage of the total lot area for each zoning district listed in Table 181.2.
| Table 181.2 Open Space Required | |
|---|---|
| Districts | Percentage of Open Space Required |
| Residential Districts | 30% |
| C-1, C-2, E-1, and E-2 Districts | 25% |
| C-3, M-1, and M-2 Districts | 20% |
| A-R and C-D Districts | 50% |
| Table 181.2 Open Space Required | |
|---|---|
| Districts | Percentage of Open Space Required |
| Residential Districts | 30% |
| C-1, C-2, E-1, and E-2 Districts | 25% |
| C-3, M-1, and M-2 Districts | 20% |
| A-R and C-D Districts | 50% |
| Table 181.2 Open Space Required | |
|---|---|
| Districts | Percentage of Open Space Required |
| Residential Districts | 30% |
| C-1, C-2, E-1, and E-2 Districts | 25% |
| C-3, M-1, and M-2 Districts | 20% |
| A-R and C-D Districts | 50% |
| Table 181.2 Open Space Required | |
|---|---|
| Districts | Percentage of Open Space Required |
| Residential Districts | 30% |
| C-1, C-2, E-1, and E-2 Districts | 25% |
| C-3, M-1, and M-2 Districts | 20% |
| A-R and C-D Districts | 50% |
- A.Required open space shall be landscaped and well maintained with grass, trees and shrubbery, except for paved areas.
- B.When the entire lot is not being developed, the open space requirement shall be based upon maintaining the specified percentage of open space within the boundaries of the improved portion of the lot.
- 2.Table 181.3 lists the elements which shall be allowed and not allowed in open space areas.
| Table 181.3 Elements within Open Space | |
|---|---|
| Allowed within Open Space | Not Allowed within Open Space |
| Trees | Buildings |
| Shrubs | Off-street parking |
| Grass | Ingress-egress access |
| Stormwater facilities | Covered decks |
| Pedestrian walks | |
| Courtyards | |
| Plazas | |
| Uncovered decks with permeable material underneath that cover less than 50% of required open space area | |
| Permeable patios that cover less than 50% of required open space area | |
| Native grass/plantings | |
| Public art | |
| Community/personal garden | |
| Structures used to meet a townhome or apartment site’s required recreational amenities minimum as defined in Section 176.11. | |
| Table 181.3 Elements within Open Space | |
|---|---|
| Allowed within Open Space | Not Allowed within Open Space |
| Trees | Buildings |
| Shrubs | Off-street parking |
| Grass | Ingress-egress access |
| Stormwater facilities | Covered decks |
| Pedestrian walks | |
| Courtyards | |
| Plazas | |
| Uncovered decks with permeable material underneath that cover less than 50% of required open space area | |
| Permeable patios that cover less than 50% of required open space area | |
| Native grass/plantings | |
| Public art | |
| Community/personal garden | |
| Structures used to meet a townhome or apartment site’s required recreational amenities minimum as defined in Section 176.11. | |
| Table 181.3 Elements within Open Space | |
|---|---|
| Allowed within Open Space | Not Allowed within Open Space |
| Trees | Buildings |
| Shrubs | Off-street parking |
| Grass | Ingress-egress access |
| Stormwater facilities | Covered decks |
| Pedestrian walks | |
| Courtyards | |
| Plazas | |
| Uncovered decks with permeable material underneath that cover less than 50% of required open space area | |
| Permeable patios that cover less than 50% of required open space area | |
| Native grass/plantings | |
| Public art | |
| Community/personal garden | |
| Structures used to meet a townhome or apartment site’s required recreational amenities minimum as defined in Section 176.11. | |
| Table 181.3 Elements within Open Space | |
|---|---|
| Allowed within Open Space | Not Allowed within Open Space |
| Trees | Buildings |
| Shrubs | Off-street parking |
| Grass | Ingress-egress access |
| Stormwater facilities | Covered decks |
| Pedestrian walks | |
| Courtyards | |
| Plazas | |
| Uncovered decks with permeable material underneath that cover less than 50% of required open space area | |
| Permeable patios that cover less than 50% of required open space area | |
| Native grass/plantings | |
| Public art | |
| Community/personal garden | |
| Structures used to meet a townhome or apartment site’s required recreational amenities minimum as defined in Section 176.11. | |
- 3.Landscaping required for all developments except lots with one- or two-unit dwellings:
- A.Two (2) trees or one (1) tree per 1,000 square feet of the required open space area, whichever is greater. At least 50% of all trees installed to meet this requirement shall be either overstory deciduous or evergreen trees.
- B.Six (6) shrubs or one (1) shrub per 1,000 square feet of open space, whichever is greater.
- C.All open space landscaping shall meet the general landscaping requirements in Section 181.01 GENERAL LANDSCAPING REQUIREMENTS above.
Effective on: 5/1/2023
181.04 TREE PROTECTION AND PRESERVATION
1.
The following tree protection and preservation requirements are intended to preserve existing trees which are healthy, are of desirable species, and provide for the replacement of such trees so as to safeguard the community’s ecological and aesthetic environment.
2.
This section shall apply to any land use or subdivision application.
3.
Property owners involved in horticultural activity are exempt from the provisions of this Section, unless the protected trees are included in an approved site plan or plat.
4.
Clearing of protected trees is not allowed without prior approval of a site plan, plat, or grading permit.
5.
A tree preservation plan shall be prepared and submitted concurrently with any land use, subdivision, building permit, or grading permit application.
- A.The tree preservation plan shall be prepared over the grading plan.
- B.The tree preservation plan shall identify all trees to be preserved, any trees proposed to be removed, and tree protection measures.
- C.For developments where more than one acre of forested areas exist, the total diameter of trees to be preserved or removed can be estimated based on measuring the diameter of trees in representative sample plots. The plots shall be scattered throughout the area to be preserved or cleared and should cover no less than 15 percent of the forested area. All protected trees in the forested area desired for credit must be tagged and measured. Estimates shall be prepared by a landscape architect or a professional with a degree in forestry, horticulture, landscape design, or similar field.
6.
Revocation of Protected Tree Status
- A.Protected tree status may be revoked by the City Council, with the approval of a site plan or plat. When the application of a building permit, demolition permit, or grading permit requires the removal of protected trees, City Council approval may be required at the discretion of the Community Development Director, if it is determined that the removal of the protected trees does not meet the intent of this chapter.
- B.The following are criteria for revocation:
- 1.Trees that are hazardous, as certified in writing by a registered landscape architect, or a professional with a degree in forestry, horticulture, landscape design, or similar field. A tree shall be determined to pose a risk to a person or property if there is reasonable evidence that the tree is defective in part or in whole with a risk of for failure which would reasonably threaten an area frequently occupied by persons or a piece of property with a fixed location such as, but not limited to, a building, a driveway, a sidewalk, or a roadway. Documentation of such risk shall be provided to the city in a timely manner, but shall not be necessary to be supplied prior to removal if an immediate threat is present.
- 2.Diseased or infectious trees and trees in decline as certified in writing by a registered landscape architect, or a professional with a degree in forestry, horticulture, landscape design, or similar field.
- 3.Trees that have died as a result of natural causes.
- 4.Trees or their root systems causing damage to structures and or areas used for pedestrians, vehicular movement, or underground utility lines, as certified in writing by a structural engineer.
- 5.Trees within power line easements that cannot be properly pruned.
- 6.Trees, after proper pruning, which cause safety-related problems.
- 7.Trees to be removed, cut, or disturbed that are included and noted on site plans approved by the City Council.
- 8.Trees that are listed on the City’s Prohibited and Temporarily Restricted Tree and Shrub List.
- 9.
7.
Credit for Preserving and Protecting Trees
- A.Within a required buffer area, the preservation of a protected tree on the City of Johnston Desirable Species List shall be credited toward a required overstory deciduous or evergreen tree.
- B.Outside of a required buffer area, the preservation of a protected tree on the City of Johnston Desirable Species List shall be credited in caliper inches toward required landscaping requirements.
- C.Existing trees and shrubs to be retained on site may be counted on a 1:1 basis toward fulfillment of up to 75% of the landscaping requirements as long as they are shown on the certificate of survey, are protected in accordance with this section, and the diversity of species requirement is met.
8.
Protection Requirements
- A.The tree preservation plan shall identify the location of a temporary protective, staked barrier fence and the location of critical root zones for trees to be preserved. This fence shall be installed at the minimum tree protection zone boundary for any protected tree to be preserved. For any tree desired to receive credit, the fence shall be installed at the critical root zone boundary.
- B.If the development constraints do not allow a standard tree protection zone boundary for protected trees, the City Council may approve an alternative tree protection zone. In no case shall the closest distance be less than 10 feet from the trunk, and no more than 60% of the critical root zone shall be disturbed. Once the development, construction and grading contemplated by an approved site plan is complete, the temporary protective fence can be removed.
- C.Within the protected area, as established in Subsections 181.04.8.A and 181.04.8. (whether a temporary fence is in place or not), the following prohibited acts shall include but not be limited to:
- 1.Damage inflicted upon the root system.
- 2.The application of substances toxic to trees and other vegetation.
- 3.The operation of equipment and vehicles.
- 4.The storage of temporary structures and materials, including materials used for building and construction.
- 5.The changing of the natural grade due to the unapproved alteration of natural physical conditions.
- D.Root pruning shall be required where the protected area associated with the trees is adjacent to a disturbed area of lower elevation. Careful cutting prevents torn roots and will produce a flush of new growth. The chances of rot entering the root system are reduced.
- E.When approved development plans include the installation of utilities that cannot be routed around the protected area, boring of utilities shall be required, at a minimum depth of 4 feet below undisturbed grade.
9.
Replacement Requirements
- A.All trees, including trees smaller than 6 inch caliper diameter, that have been cleared, damaged, or removed in violation of this Section shall be replaced in accordance with Subsection 181.04.9. This shall be in addition to any applicable penalties otherwise applied.
- B.In an effort to support the additional preservation of trees that may be susceptible to damage through the development process, the City will consider reducing replacement requirements on a case by case basis for trees specifically identified as “potentially preserved” on the tree preservation plan that subsequently do not survive site development. The reduction in replacement requirements will only be considered when tree protection requirements as identified in Subsection 181.04.8 have been met.
- C.Generally, replacement trees shall be of the same genus and of equal size. However, trees on the City of Johnston Prohibited and Temporarily Restricted Tree and Shrub list shall not be replaced with the same type. All replacement trees shall be approved by City staff prior to installation.
- D.If replacement of an equally sized tree is not possible, replacement of smaller sized tree shall be allowed at a rate that meets Table 181.4 and Table 181.5.
| Table 181.4 Deciduous Tree Replacement | ||
|---|---|---|
| Each Existing Deciduous Tree | Replacement Quantity | Replacement Size and Condition** |
| Less than 6-inch caliper | * | 1.5-inch caliper |
| 6-inch to 10-inch caliper | 5 | 1.5-inch caliper |
| > 10-inch to 12-inch caliper | 6 | 1.5-inch caliper |
| > 12-inch to 18-inch caliper | 9 | 1.5-inch caliper |
| > 18-inch to 24-inch caliper | 12 | 1.5-inch caliper |
| > 24-inch caliper | * | 1.5-inch caliper |
| *To be determined by the City, based on the size removed. **Condition for all replacements to be container or balled & burlapped. | ||
| Table 181.4 Deciduous Tree Replacement | ||
|---|---|---|
| Each Existing Deciduous Tree | Replacement Quantity | Replacement Size and Condition** |
| Less than 6-inch caliper | * | 1.5-inch caliper |
| 6-inch to 10-inch caliper | 5 | 1.5-inch caliper |
| > 10-inch to 12-inch caliper | 6 | 1.5-inch caliper |
| > 12-inch to 18-inch caliper | 9 | 1.5-inch caliper |
| > 18-inch to 24-inch caliper | 12 | 1.5-inch caliper |
| > 24-inch caliper | * | 1.5-inch caliper |
| *To be determined by the City, based on the size removed. **Condition for all replacements to be container or balled & burlapped. | ||
| Table 181.4 Deciduous Tree Replacement | ||
|---|---|---|
| Each Existing Deciduous Tree | Replacement Quantity | Replacement Size and Condition** |
| Less than 6-inch caliper | * | 1.5-inch caliper |
| 6-inch to 10-inch caliper | 5 | 1.5-inch caliper |
| > 10-inch to 12-inch caliper | 6 | 1.5-inch caliper |
| > 12-inch to 18-inch caliper | 9 | 1.5-inch caliper |
| > 18-inch to 24-inch caliper | 12 | 1.5-inch caliper |
| > 24-inch caliper | * | 1.5-inch caliper |
| *To be determined by the City, based on the size removed. **Condition for all replacements to be container or balled & burlapped. | ||
| Table 181.4 Deciduous Tree Replacement | ||
|---|---|---|
| Each Existing Deciduous Tree | Replacement Quantity | Replacement Size and Condition** |
| Less than 6-inch caliper | * | 1.5-inch caliper |
| 6-inch to 10-inch caliper | 5 | 1.5-inch caliper |
| > 10-inch to 12-inch caliper | 6 | 1.5-inch caliper |
| > 12-inch to 18-inch caliper | 9 | 1.5-inch caliper |
| > 18-inch to 24-inch caliper | 12 | 1.5-inch caliper |
| > 24-inch caliper | * | 1.5-inch caliper |
| *To be determined by the City, based on the size removed. **Condition for all replacements to be container or balled & burlapped. | ||
| Table 181.5 Evergreen Tree Replacement | ||
|---|---|---|
| Each Existing Evergreen Tree | Replacement Quantity | Replacement Size and Condition** |
| Less than 4-foot height | * | 5-foot height |
| 4-foot to 6-foot height | 5 | 5-foot height |
| > 6-foot to 12-foot height | 6 | 5-foot height |
| > 12-foot to 16-foot height | 9 | 5-foot height |
| > 16-foot to 20-foot height | 12 | 5-foot height |
| > 20-foot height | * | 5-foot height |
| *To be determined by the City, based on the size removed. **Condition for all replacements to be balled & burlapped. | ||
| Table 181.5 Evergreen Tree Replacement | ||
|---|---|---|
| Each Existing Evergreen Tree | Replacement Quantity | Replacement Size and Condition** |
| Less than 4-foot height | * | 5-foot height |
| 4-foot to 6-foot height | 5 | 5-foot height |
| > 6-foot to 12-foot height | 6 | 5-foot height |
| > 12-foot to 16-foot height | 9 | 5-foot height |
| > 16-foot to 20-foot height | 12 | 5-foot height |
| > 20-foot height | * | 5-foot height |
| *To be determined by the City, based on the size removed. **Condition for all replacements to be balled & burlapped. | ||
| Table 181.5 Evergreen Tree Replacement | ||
|---|---|---|
| Each Existing Evergreen Tree | Replacement Quantity | Replacement Size and Condition** |
| Less than 4-foot height | * | 5-foot height |
| 4-foot to 6-foot height | 5 | 5-foot height |
| > 6-foot to 12-foot height | 6 | 5-foot height |
| > 12-foot to 16-foot height | 9 | 5-foot height |
| > 16-foot to 20-foot height | 12 | 5-foot height |
| > 20-foot height | * | 5-foot height |
| *To be determined by the City, based on the size removed. **Condition for all replacements to be balled & burlapped. | ||
| Table 181.5 Evergreen Tree Replacement | ||
|---|---|---|
| Each Existing Evergreen Tree | Replacement Quantity | Replacement Size and Condition** |
| Less than 4-foot height | * | 5-foot height |
| 4-foot to 6-foot height | 5 | 5-foot height |
| > 6-foot to 12-foot height | 6 | 5-foot height |
| > 12-foot to 16-foot height | 9 | 5-foot height |
| > 16-foot to 20-foot height | 12 | 5-foot height |
| > 20-foot height | * | 5-foot height |
| *To be determined by the City, based on the size removed. **Condition for all replacements to be balled & burlapped. | ||
- E.If trees were removed in violation of this chapter and without an inventory, an estimate of caliper inches of destroyed material or height of destroyed material will be made using available aerial photography and evidence on the site. The replacement penalty will be calculated by the City using this estimate.
- F.If a violation of this chapter has occurred, the replacement requirements contained in this section, including a date of completion, shall be documented in an “Agreement to Complete Improvements” with a Performance Bond to cover the same. Review and approval of these documents by the City Council shall be required prior to issuance of a temporary Occupancy Permit.
- G.Prior to the approval of a “Satisfaction of the Agreement to Complete Improvements,” the party found to be in violation of this chapter shall provide a maintenance bond which warranties all replacement landscaping for a period of four (4) years from the date of approval of the “Satisfaction of the Agreement to Complete Improvements.”. All plants shall be alive, of good quality, with no signs of stress, and disease free at the end of the warranty period or they shall be replaced. Any replacements completed utilizing the warranty shall be covered by an extended maintenance bond which warranties the replacement landscaping for an additional 12 months from the time of replacement.
- H.At such time that the “Agreement to Complete Improvements” is fulfilled, a “Satisfaction of the Agreement to Complete Improvements” shall be reviewed and approved by the Zoning Administrator, and the Bond released. A final certificate of occupancy shall not be issued until the “Satisfaction of the Agreement to Complete Improvements” has been approved.
- I.If it is impractical to locate some or all of the trees required for replacement on a particular property, plat, or site plan, the Zoning Administrator may authorize an alternative replacement plan.
- J.If the improvements are not completed as set forth in the Agreement, the temporary Occupancy Permit may be withdrawn, and/or the Bond exercised.
- 10.Enforcement
- A.A violation of any provision of this Chapter shall constitute a simple misdemeanor for each tree cleared, damaged or removed. In the alternative, any person who violates any of the provisions of this Chapter shall be guilty of a municipal infraction and each tree that is destroyed or damaged shall constitute a repeat offense.
- B.This Chapter is not intended to create any private rights or private remedies on behalf of any person and shall not be construed to govern the relationship or duties between private individuals or entities.
- C.This Chapter shall not create any private cause of action enforceable by any person in a court or law.
- D.Any person aggrieved by an order, requirement, decision or determination in the enforcement of this Chapter may make appeal the decision following the procedure described in CHAPTER 190 LAND USE PROCEDURES.
Effective on: 5/1/2023
181.05 STREET TREES
1.
Street trees shall be planted along any street designated as an arterial or collector street in the Comprehensive Plan.
2.
Trees shall be planted approximately every 50 feet. This dimension may vary at the direction of the City Engineer based on required separation of trees from infrastructure including, but not limited to, traffic signs, overhead utility lines, fire hydrants, driveways, buried utilities, trails, and sidewalks.
3.
Where planting of street trees is determined by the City Engineer to not be feasible due to limited right-of-way, trees may be planted in the front yard within 15 feet of the right-of-way.
4.
Trees to be planted shall be selected by the City of Johnston Desirable Trees and Shrubs list and shall be subject to approval by the City Arborist.
5.
Street trees planted in public street right-of-way or on private property to meet street tree requirements shall not be counted toward fulfillment of the minimum open space landscaping requirements set forth in Section 181.03 Open Space and Open Space Landscaping Requirements.
Effective on: 5/1/2023