Lancaster City Zoning Code
ARTICLE 8
00 LANDSCAPE REGULATIONS AND STANDARDS 1
§ 8.01 Purpose.
(a)
Purpose.
Landscaping is accepted as adding value to property and is in the interest of the general welfare of the City. The City Council of the City of Lancaster has declared that a goal for the City is to provide an optimal quality of life for all citizens of Lancaster by improving the appearance of the City through increased public and private landscaping and reducing litter.
(b)
Intent.
These landscaping regulations provide standards and criteria for new landscaping with live plant material, and are intended to promote the value of property, enhance the general welfare, improve the physical appearance of the City, and enhance the community's ecological, environmental and aesthetic qualities. It is further the intent of this Article:
* | To establish requirements for the installation and maintenance of landscaping elements and other means of site improvement on existing and newly developed property in order to enhance the community's ecological, environmental and aesthetic qualities: |
* | To reduce the negative effects of increases in air temperatures, glare, noise, erosion and sedimentation caused by expanses of impervious and non-vegetated surfaces within the urban environment; |
* | To preserve and improve the natural urban environment by recognizing that the use of landscaping elements can contribute to the processes of air purification; oxygen regeneration; groundwater recharge; stormwater runoff retardation; and the abatement of noise, glare and heat; |
* | To safeguard and enhance property values and protect public and private investment; and |
* | To support water conservation. |
(Ordinance 2017-06-21, sec. 2 (14.801), adopted 6/26/17)
§ 8.02 Application of Article.
(a)
Applicability.
(1)
Except as otherwise provided herein, this article applies to all uses on a lot when an application for a building permit for work on the lot is made.
(2)
This article does not apply to:
(1)
Any property with a previously approved landscape and/or site plan prior to adoption of this article, unless such plan is required to be resubmitted for consideration; and
(2)
Restoration of a building that has been damaged by fire, flood, explosion, riot, act of the public enemy, other natural disaster, or accident of any kind, if said structure may be restored under the nonconforming use provisions of the Comprehensive Zoning Ordinance. For purposes of this Subsection, restoration means the act of putting back into a former or original state.
(3)
Planned Development Districts.
Landscaping requirements consistent with the standards and purposes of this article shall be a part of all ordinances establishing or amending planned development districts, unless otherwise approved by the City Council.
(4)
Exceptions.
The Planning and Zoning Commission may grant a special exception to the requirements upon evidence presented that:
(a)
Strict compliance with the requirements of this article will unreasonably burden the use of the property;
(b)
The requirements are not imposed by a site-specific landscape plan approved by the Planning and Zoning Commission or City Council; or
(c)
The extent to which other existing or proposed amenities will compensate for the reduction of landscaping.
(5)
Permits.
(a)
No permit shall be issued for building, paving, grading, construction or reconstruction until a detailed landscape plan complying with this section is approved by the building official. Prior to the issuance of a certificate of occupancy, all landscaping shall be in place in accordance with the approved landscape plan.
(b)
If the Building Official determines that it would be impractical to plant trees, shrubs or grass or to lay turf, due to adverse weather conditions or the season of the year, a temporary certificate of occupancy may be issued. Issuance of a temporary certificate of occupancy will be subsequent to receipt of a letter of agreement from the property owner, tenant and/or agent agreeing to compliance with the terms of this section stating when the installation shall occur, and a letter of credit or bond for one hundred fifty percent (150%) of the estimated cost of the landscaping. All required landscaping shall be installed within six (6) months of the date of the issuance of the temporary certificate of occupancy.
(Ordinance 2017-06-21, sec. 2 (14.802), adopted 6/26/17)
§ 8.03 Landscape Plan Submission.
(a)
Landscape Plan Required.
A landscape plan shall be submitted to the City for approval by the Director of Development Services or designee prior to the issuance of a building, paving, grading or construction permit. The Director or designee shall review the landscape plan to determine compliance with the criteria of these regulations. If the plans are not in compliance, they shall be disapproved and shall be accompanied by a written statement setting forth the changes necessary for compliance.
(b)
Plan Content.
Landscape plans shall be prepared by a registered Landscape Architect knowledgeable in plant material usage and landscape design (e.g., landscape architect, landscape contractor, landscape designer) and shall contain the following minimum information in the form and number as prescribed by the City:
(1)
Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan.
(2)
Project name, street address, and lot and block description.
(3)
Location of existing boundary lines and dimensions of the lot, street address, approximate centerline of existing watercourses and the location of the 100-year floodplain, if applicable; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, driveways and sidewalks on or adjacent to the lot.
(4)
Location, height, and material of proposed screening and fencing (with berms to be delineated by one-foot contours).
(5)
Locations and dimensions of proposed landscape buffer strips.
(6)
Complete description of plant materials shown on the plan, including names, locations, quantities, container or caliper sizes at installation, heights, spread, and spacing. The location and type of all existing trees on the lot over six inches in caliper must be specifically indicated.
(7)
Complete description of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas, the total square footage included in the parking area, and the number and location of required off-street parking and loading spaces.
(8)
A computation or table showing the landscaping that is required and the landscaping being provided.
(9)
Location and description, by type and size, of existing trees proposed to be retained. Such trees shall be marked and drip line of said trees shall be protected prior to and during all construction, including all dirt work.
(10)
Size, height, location and material of proposed seating, lighting, planters, sculptures, water features and landscape paving and other site amenities.
(11)
Identification of visibility triangles on the lot for all driveway intersections with public streets.
(12)
Trees relocated on-site must be identified with their existing and proposed locations.
(13)
Location of centerlines of overhead and underground utility lines adjacent to and within the building site, and the location of all utilities, utility easements, including the location of utility poles, generators, and equipment.
(Ordinance 2017-06-21, sec. 2 (14.803), adopted 6/26/17)
§ 8.04 Mandatory Provisions.
(a)
Right-of-way Landscaping Requirements.
(1)
Streetscape Buffer.
A Street Landscape Buffer strip with a minimum width of 6 feet, must be provided along the entire length of the property to be developed, between the back-of-curb and sidewalk, that is adjacent to any residential land use. This shall also apply to all commercial land uses where there is no adjacent on-street parking. This shall be exclusive of driveways and access-ways.
(2)
Street Tree Requirement.
Large shade trees, as defined in Section 8.05 for rights-of-way, shall be provided in the required buffer in numbers equal to one tree for each fifty feet of street frontage.
(A)
When the location of local utility prohibits planting large trees, two small trees may be planted for each large tree.
(3)
Other Landscaping.
All street rights-of-way located adjacent to the development shall be improved with grass or ground cover material and shall be maintained. It shall be the responsibility of the developer to design the irrigation system within the lot to ensure that the grass placed in the right-of-way is watered and maintained and to ensure that minimal water will enter the street itself. The designer of the irrigation system shall base the design on the ultimate proposed width of the street when designing the system. The plans for design of the irrigation system shall be approved by the City prior to installation.
(b)
Required Site Landscaping.
(1)
Minimum Landscaping Requirements.
(A)
Area Required.
For all nonresidential and multi-family (with more than 6 units) parcels, at least twenty percent (20%) of the site shall be permanently landscaped. All of the required landscaped area shall be located in the Street Yards, side yards and parking lots.
(B)
Trees Required.
At least one large tree shall be provided as follows:
(1)
Street Yards Less than 10,000 square feet.
In Street Yards of less than ten thousand (10,000) square feet, one (1) tree per one thousand (1,000) square feet, or fraction thereof, of Street Yard.
(2)
Street Yards More than 10,000 square feet.
In Street Yards of more than ten thousand (10,000) square feet, ten (10) trees plus one (1) tree per two thousand (2,000) square feet, or fraction thereof, of Street Yard area over ten thousand (10,000) square feet.
(3)
Credits for Existing Trees.
Any trees not listed on the City's non-Protected Tree list that are preserved on a site may be credited toward meeting the tree requirement of any landscaping provision of this section according to the following table:
Diameter | Credit Toward |
|---|---|
6" to 8" | 1.0 tree |
9" to 30" | 1.5 trees |
31" to 46" | 2.0 trees |
47" or more | 3.0 trees |
Note 1: Tree diameter shall be measured four and one-half feet (4-1/2') above natural grade. |
Note 2: Due to their limited height and size, mesquite trees will receive only fifty percent (50%) of the above credit for tree preservation. |
(4)
Ornamental Trees.
Two (2) ornamental trees may be substituted for one (1) required large tree. Not more than fifty percent (50%) of the required large trees may be substituted by installing ornamental trees. Ornamental trees shall be a minimum of six feet (6') in height at the time of planting.
(5)
Shrubbery Required.
At least one shrub shall be required for every fifty (50) square feet of the required landscape area. Placement of such shrubbery shall be taken into consideration as to the plant at full maturity, and be located so as not to conflict with vehicular or pedestrian traffic visibility.
(6)
Ground Cover Required.
At least ten percent (10%) of the required landscape area shall be maintained in ground cover. The remaining landscape area shall be maintained in lawn grasses and mulch used around bedding plants, shrubs and trees.
(C)
Location of Landscaping. No less than thirty percent (30%) of the total requirement shall be located in front of and along the side of buildings with street frontage in Multi-family and Commercial zoning districts, including the ORT district. One hundred percent (100%) of the total requirement shall be located in front of and along the side of buildings with street frontage in Industrial zoning districts, not including the ORT district.[1]
(D)
Detention Basins. Detention basins shall be landscaped in a natural manner using grown [ground] cover, grasses, shrubs and trees in all dry land areas. There shall be a minimum of one (1) tree for each 750 square feet of dry land area.[2]
(1)
In the interest of public health, detention basins should be used sparingly and alternative methods of collecting and filtering stormwater should be considered as not to promote standing water.
(c)
Landscaping for Nonresidential Land Uses.
(1)
Screening of Parking.
Where on-site parking is located adjacent to a street, roadway or public open space, a minimum ten-foot (10') landscape buffer is required between the property lines and any parking, paving or internal driveways. Driveway openings are permitted in the landscape buffer area. The area of the landscaped buffer may be included in the total required landscape area for the lot.
(A)
Location.
The landscaped buffer requirement shall apply to all sides of the lot adjacent to a public street, open space or right-of-way.
(B)
Screen.
The screening shall be between a minimum height of three feet (3') and a maximum of four feet (4') above the grade of the parking lot and located adjacent to the parking lot. Screening shall be opaque and consist of shrubs and/or berms.
(2)
Internal Parking Lot Landscaping.
It is the intent of this subsection to encourage the high-quality design and construction of parking areas in the City. It is also the intent of this section to aid in the abatement of noise, glare and heat associated with large expanses of hard paved surfaces and motor vehicles.
(A)
Parking Lot Landscape Area.
Parking lot landscape area requirements shall be on the percentage of parking located between the building facade and the R.O.W.:
Less than 25% = 15 sq. ft. per parking stall |
25% - 75% = 20 sq. ft. per parking stall |
Greater than 75% = 30 sq. ft. per parking stall |
Notwithstanding the standards above, the parking lot landscaping area requirement may be reduced by fifty percent (50%) for that portion of parking located behind the building's or development's primary facade.
(B)
Distribution of Islands, Peninsulas and Medians.
The number, size and shape of islands, peninsulas and medians, in both street and non-Street Yards shall be at the discretion of the property owner or applicant. All required islands, peninsulas and medians shall be more or less evenly distributed throughout such parking areas. However, the distribution and location of landscaped islands, peninsulas and medians may be adjusted to accommodate existing trees or other natural features so long as the total area requirements for landscaped islands, peninsulas and medians for the respective parking areas above are satisfied.
(1)
Planter islands shall have a minimum width of ten feet (10') from edge of pavement to edge of pavement unless used as a landscape buffer between parking bays, which shall be a minimum of five feet (5') in width.
(2)
No required parking space may be located more than eighty feet (80') from the trunk of a large canopy tree. Notwithstanding the minimum planter dimension above, where required to meet this standard, the minimum size tree planting area shall be five (5) feet square and only trees approved for use in street rights-of-way may be used.
1.
The center of no tree may be planted closer than two and one-half feet (2-1/2') to the pavement.
 EXAMPLE OF A LANDSCAPE BUFFER BETWEEN PARKING BAYS |
(C)
Planting Requirements.
All planter islands in parking areas shall contain a minimum of one (1) canopy tree with the remaining area in shrubs, ground cover, grasses or seasonal color. Planter islands which have light poles for lighting the parking areas may substitute two (2) understory/accent trees for the required canopy tree.
(3)
Screening of Off-Street Loading Docks.
(A)
Off-street loading docks in Commercial and Industrial zoning classifications must be screened from all public streets and open space, and any residential district that abuts or is directly across a public street or alley from the lot.
(B)
Screening may be achieved by any method listed above, but must be at least 8 feet (8') in height.
(4)
Screening of Trash Dumpsters.
All refuse storage areas for trash dumpsters shall be visually screened by a solid masonry fence not less than 6 feet (6') in height. Six-inch (6") concrete filled steel protective poles shall be placed at possible impact areas. The access area shall not face a public street unless otherwise approved during site plan approval.
Dumpster storage should be located to the rear of building with proper access. Trash dumpsters shall not be located in any required parking space and shall allow proper access by service trucks. Dumpster pad sites shall be designed to City standards specified in the Subdivision Standards of Design.
 |
(5)
Screening from Residential Uses.
(A)
Any Commercial or Industrial use or parking lot that has a side or rear contiguous to any Residential district, shall be screened with a masonry fence (excluding tilt wall or concrete block unless approved by the Planning and Zoning Commission) which is a minimum of six feet (6') in height, unless otherwise approved by the Planning and Zoning Commission. Berms in conjunction with a fence can be utilized to meet this requirement. Any ordinances concerning sight obstructions of intersections shall be applicable to the screen where it is intersected by a street, alley or driveway.
(B)
Prior to construction of any required screens, complete plans showing type of material, depth of beam, and structural support shall be reviewed by the Director to determine whether or not:
(C)
Such screen shall be constructed prior to the issuance of a Certificate of Occupancy for any building or portion thereof.
(D)
The areas adjacent to the required screening wall, or areas adjacent to a public street or right-of-way, shall be maintained by the property owner in a clean and orderly condition, free of debris and trash in accordance with the applicable codes of the City.
(6)
Special Requirements for Facilities with Gasoline Sales.
(A)
Gasoline service stations, retail gasoline sales and other similar uses as determined by the Director shall require a minimum landscaped area of fifteen percent (15%) of the total lot area.
(B)
Gasoline service stations and other retail gasoline sales shall also provide a minimum six hundred (600) square foot landscaped area at each driveway intersection and at each corner of the lot adjacent to a street frontage. This additional landscaped area may be counted toward the minimum fifteen percent (15%) requirement.
(d)
Dimensions of Landscaping.
All required landscaping shall be no less than five feet (5') wide and a minimum of 25 square feet in area.
(Ordinance 2017-06-21, sec. 2 (14.804), adopted 6/26/17)
§ 8.05 Landscape Materials and Standards.
(a)
General.
(1)
No Artificial or Synthetic Plant Material.
No artificial or synthetic plant materials may be used to satisfy the requirements of this article.
(2)
Soil and planting area requirements.
(A)
In general.
Planting areas dedicated to the growth of roots may include open space areas, covered soil areas, root paths, and drainage.
(B)
Planting area requirements, except as provided in this section, must meet the following requirements.
(1)
For each small tree installation, a minimum of 24 inches (24") of soil depth and 25 square feet of open soil area (total of 50 cubic feet).
(2)
For each medium and large tree installation, a minimum of 36 inches (36") of soil depth and 200 square feet of open soil area (total of 600 cubic feet).
(3)
Trees may share open soil area.
(4)
Large trees and medium trees must be planted a minimum of four feet (4') from pavement.
(5)
The planting area must have native soil, prepared soil, or structural soil, and may include permeable pavement, sidewalks support systems, and soil cells.
(C)
Waivers.
The Director of Development or designee may waive the minimum open soil and planting area requirements if a landscape architect certifies that:
(1)
The proposed alternative soil depth and dimensions are sufficient to support the healthy and vigorous growth of the plant material affected;
(2)
The depth to impermeable subsurface prohibits minimum soil depth requirements; or
(3)
That the proposed structural soil or suspended pavement system are sufficient to support healthy and vigorous growth of the plant material.
(3)
Approved Plant List.
(A)
Plant materials shall conform to the standards of the American Standard for Nursery Stock. Grass seed, sod and other material shall be clean and reasonably free of weeds and noxious pests and insects. Plant materials used to satisfy the requirements of this article must comply with the following minimum size requirements at the time of installation:
(B)
A list of acceptable plant material will be maintained by the City and updated annually to ensure it is in coordination with industry standards.
(C)
All required landscaped open areas shall be completely covered with living plant material. Landscaping materials such as wood chips and gravel may only be used under trees, shrubs and other plants.
(D)
Trees.
All trees shall comply with the following:
(1)
A maximum of 35 percent (35%) of the required or replacement trees planted on a lot or tract may be of a single species.
(2)
Palm trees may not be used to satisfy the requirements of this article.
(3)
Invasive plant material is prohibited in required landscapes[.]
(4)
A large tree shall have a caliper measuring at least three inches (3") in caliper when measured six inches (6") above the ground.
(5)
An ornamental tree shall measure at least one inch (1") in caliper when measured six inches (6") above the ground.
(E)
Shrubs.
Shrubs except of the dwarf variety shall be a minimum of two feet (2') 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 reach the required height within one (1) year after the time of planting.
(F)
Vines.
Vines not intended as ground cover shall be a minimum of two feet (2') in height immediately after planting and may be used in conjunction with fences, screens or walls to meet landscape screening requirements.
(G)
Grass.
Grass areas shall be sodded, plugged, sprigged, hydro-mulched or seeded. However, solid sod shall be used in swales, on earthen berms or in other areas subject to erosion.
(H)
Ground Cover.
Ground cover used in lieu of grass in whole and in part shall be planted in such a manner as to present a finished appearance and reasonably completed coverage within one (1) year of planting.
(I)
Berms.
Earthen berms shall have side slopes not to exceed 33 percent (33%) or 3:1 slope. All berms shall provide necessary drainage provisions which shall also be shown on any required site drainage plans.
(J)
Obstruction Prohibited.
All placement of landscaping materials, with the exception of turf and grass covered areas, shall be designed so that any interference with pedestrians loading and unloading in designated parking areas is minimized; and so that the normal parking of vehicles and opening of doors in designated parking areas will not open into or damage the landscaping materials.
(K)
Height.
For purposes of this subsection, "height" is measured from the root crown or, if the plant is in a container, from the soil level in the container.
(b)
Xeriscape Landscaping:
1.
Xeriscape landscaping is an innovative, comprehensive approach of landscaping to promote water conservation. Xeriscape landscaping incorporates seven basic principles: planning and design, soil analysis, appropriate plant selection, practical turf areas, efficient irrigation, use of mulches and appropriate maintenance. These principles are explained below in the order a landscape planner or property owner would consider installing the best possible landscape. Each principle must be considered during the planning and design phase, as the sequence of installation is also very important is assuring a successful xeriscape.
a.
Planning & Designing:
To get the look and function wanted while conserving water, create a landscape design. Draw the yard, including the locations of existing structures, trees, shrubs, and grass areas. Then, consider parts of the yard, how it should look, the amount of maintenance desired and the associated budget.
b.
Evaluate soil and improve if necessary:
Soils can vary within a given site; an analysis based on random sampling can provide information for plant selection and soil amendments. The soils in North Texas range from clay to sand, and both are low in organic material. Whether clay or sand, the soil in your landscape will benefit from the addition of sphagnum peat moss, compost, aged manure or other decomposed organic materials. This will improve root development and water penetration and retention. Consult with a local nursery or County Extension Office on how to improve the soil before planting and installing the irrigation system.
c.
Use appropriate plants:
Most plants have a place in xeriscape even those that have high water needs. Plant selection should be based on the plant's adaptability to the existing conditions present at the landscaped area and native plant communities particularly considering appropriate hardiness zone, soil type and moisture conditions, light, mature plant size, desired effect, color and texture. Plant species that are drought and freeze tolerant are preferred. Use of more plants with low water needs and native plants will allow the maximum water conservation. A list of approved plant material can be found in Appendix L in the "Tree Technical Manual: Arboricultural Specifications & Standards of Practice."
d.
Create practical turf areas:
The type and location of turf areas should be considered a major design element of the landscape. The selection and location of turf should be decided on the same basis as other plantings, such as your purpose and function of the landscape. The reduction or elimination of high water use turf areas and locating them separately so that they may be watered more efficiently, can result in significant reductions in water use. Turf grass areas shall be consolidated and limited to those areas on the site that receive pedestrian traffic and provide for recreation use.
e.
Water efficiently:
If an irrigation system is to be installed, it should be well planned and well managed. Turf areas should be watered separately. Group plants with like water needs, and water each group on separate zones. Not all plants need the same amount of water. Irrigation needs change with the season and the weather. Irrigate according to the needs of the plants rather than watering on a fixed schedule. Even plants used in xeriscape will require supplemental irrigation until they become established, which can take between two to three years.
f.
Use organic mulch:
Mulch minimizes evaporation, reduces weed growth, slows erosion and helps prevent soil temperature fluctuations. Organic mulch such as wood chips or bark is best and although this mulch will decompose slowly over time, it will improve the soil by adding nutrients. The use of plastic is not recommended because it will cause organic mulch to slide or shift in location, preventing air and water from filtering into the soil, causing increased water runoff. Inorganic mulch, such as rock, should be used sparingly. Surrounding a home with rock will increase the temperatures, making the environment too warm for plants and people.
g.
Maintain appropriately:
Proper pruning, weeding, and fertilization, plus attention to the irrigation system, will preserve and enhance the quality of xeriscape. A landscape adapted to the environment will require less maintenance, less fertilizer and reduce the use of pesticides and other chemicals.
* | Develop a general maintenance schedule |
* | Reapply organic mulches once a year. |
* | Mow when your grass is at the appropriate height, removing no more than one-third of the blade. |
* | Learn best practices for mowing turf grass. |
* | Fertilize your lawn, shrubs, and trees at the proper times and use the correct amount. |
* | Check your irrigation system periodically to ensure it is operating efficiently. |
* | Maintain your yard tools. |
2.
Any planned and maintained area that contains xeriscape plants must have visible physical borders around the boundaries of the permitted use accent areas. The physical borders of the permitted use accent areas must be sufficient in depth and height to maintain separation of xeriscape plants and turf grasses. It will be the responsibility of the land owner to keep xeriscape plants from growing or hanging over the borders in a manner that prevents visibility of the borders.
3.
In order to reduce excessive water use, Xeriscape landscaping is encouraged. The total square footage of the required landscape area may be 100% xeriscape landscaping, if all landscaping materials are from the xeriscape landscaping approved list attached as Appendix L [not printed herein].
(c)
Distance from overhead electric distribution lines.
(1)
Large and medium trees must be planted a minimum of 30 feet (30') from the closest point of an overhead electric distribution line.
(d)
Adequate space.
All trees must be planted with adequate space to allow unobstructed growth to maturity.
(e)
Protection of Landscape Areas.
(1)
Protection of Landscaping.
Required landscape areas must be protected from vehicular traffic through the use of concrete curbs, or other permanent barriers. Vehicular wheels shall be prevented from extending into landscaped areas.
(2)
Nonresidential Development.
(A)
During any construction or land development, the developer shall clearly mark all trees to be preserved on-site and may be required to erect and maintain protective barriers around all such trees or group of trees. No living trees greater than eight inches (8") in caliper may be cut, destroyed or damaged on the development site until approved as part of the landscape plan.
(B)
The developer shall not allow the movement of equipment or the storage of equipment, materials, debris or fill to be placed within the drip line of any trees.
(C)
During the construction stage of development, the developer shall not allow the cleaning of equipment or material under the canopy of any tree or group of trees to be preserved. The developer shall not allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete or mortar under the canopy of any tree or group of trees to be preserved.
(D)
No attachments, nails, screws or wires of any kind, other than those of a protective nature, shall be attached to any tree.
(3)
Residential Development.
(A)
Prior to any land development, the developer shall clearly mark all trees to be preserved on-site and may be required to erect and maintain protective barriers around all such trees or groups of trees. No living trees greater than eight inches (8") in caliper may be cut, destroyed or damaged on the development site until approved as part of the preliminary plat.
(B)
No land may be proposed for development within twenty-four (24) months of having been cleared for agricultural purposes.
(C)
During the construction stage of development, the developer shall not allow the cleaning of equipment or material under the canopy of any tree or groups of trees to be preserved. The developer shall not allow the disposal of any waste materials such as but not limited to paint, oil, solvents, asphalt, concrete or mortar under the canopy of any trees or groups of trees to be preserved.
(D)
No attachments, nails, screws or wires of any kind, other than those of a protective nature, shall be attached to any tree.
(f)
Irrigation Requirements.
(1)
General.
(A)
All landscape irrigation shall be designed by a registered licensed irrigator.
(B)
The owner shall be responsible for the health and vitality of plant material through irrigation of all landscaped areas and plant materials, and shall
(1)
Provide a moisture level in an amount and frequency adequate to sustain growth of the plant materials on a permanent basis.
(2)
Be in place and operational at the time of the landscape inspection for Certificate of Occupancy.
(3)
Be maintained and kept operational at all times to provide for efficient water distribution.
(2)
Irrigation Methods.
(A)
Landscaped Areas.
One of the following irrigation methods shall be used to ensure adequate watering of plant material in landscaped areas:
(1)
Conventional System.
An automatic or manual underground irrigation system which may be a conventional spray or bubbler type heads.
(2)
Drip or Leaky-Pipe System.
An automatic or manual underground irrigation system in conjunction with a water-saving system such as a drip or a leaky-pipe system.
(3)
Temporary and Above-Ground Watering.
Landscape areas utilizing xeriscape plants and installation techniques, including areas planted with native grasses and wildflowers, may use a temporary and above-ground system, and shall be required to provide irrigation for the first two growing seasons only.
(B)
Natural and Undisturbed Areas.
No irrigation shall be required for undisturbed natural areas or undisturbed existing trees.
(Ordinance 2017-06-21, sec. 2 (14.805), adopted 6/26/17; Ordinance 2018-11-46 adopted 11/12/18)
§ 8.06 Public Right-of-Way Visibility.
(a)
Visibility Triangles.
A landscape plan showing the plan of the street on both sides of each proposed drive/street to the proposed development with the grades, curb elevations, proposed street/drive locations, and all items (both natural and man-made) within the visibility triangles as prescribed below shall be provided with all site plans, if they are not on engineering plans that are submitted at the same time. This plan shall show no horizontal or vertical restrictions (either existing or future) within the areas defined below.
(b)
Visibility Triangles–Defined.
No fence, wall[,] screen, billboard, sign face, tree or shrub foliage, berm, or any other item, either man-made or natural shall be erected, planted, or maintained in such a position or place so as to obstruct or interfere within the following minimum standards; however, on non-residentially zoned lots, a single pole for mounting a sign may be placed within this area provided the pole does not exceed 12 inches (12') in diameter, and provided every portion of the sign has a minimum height clearance of 9 feet (9'):
(1)
Vision at all intersections which intersect at or near right angles shall be clear at elevations between twenty-four inches (24") and nine feet (9') above the top of the curb elevation, within a triangular area formed by extending the two curb lines from their point of intersection, for the following minimum distances for the applicable intersection, and connecting these points with an imaginary: line, thereby making a triangle. If there are no curbs existing, the triangular area shall be formed by extending the property lines from their point of intersection for a distance as prescribed below, and connecting these points with an imaginary line, thereby making a triangle as shown below.
(2)
Intersection of Two Public Streets - the minimum required distance from the curb shall be 30 feet (30') and the minimum distance from the property line on streets without a curb shall be 20 feet (20').
(3)
Intersection of a Public Street and an Alley - the minimum required distance measured from the property line shall be 15 feet (15'), or 25 feet (25') from street curb.
(4)
Intersection of Private Drive and Public Street - the minimum required distance from the curb shall be 15 feet (15') and the minimum distance from the property line on streets without a curb shall be 10 feet (10').
(5)
Intersection of Private Drive and an Alley - the minimum required distance measured from the property line shall be 10 feet (10').
(c)
Sight Distance Requirements.
The City hereby adopts the standards for both vertical and horizontal sight distance requirements set forth in the 1984 Edition of AASHTO Green Book, "A Policy on Geometric Design of Highways and Streets" for the construction of both public street intersections and private drive intersections, unless otherwise approved by the City Engineer. If, in the opinion of the City Engineer, a proposed street or drive intersection may not meet these standards, additional engineering information exhibiting how the standards have been addressed may be required for submission and approval by the City's Engineer.
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(Ordinance 2017-06-21, sec. 2 (14.806), adopted 6/26/17)
§ 8.07 Completion of Landscaping.
(a)
In Accordance with Approved Plans.
Except as otherwise provided herein, all landscaping must be completed in accordance with the approved landscape plan before a Certificate of Occupancy may be issued for any building on the lot.
(b)
Escrow and Assurance.
If, due to circumstances beyond the property owner's control, the required landscaping cannot be installed prior to completion of the building and if the property owner provides the building official with documented assurance that the landscaping will be completed within six months and the funds required to complete the project are placed in escrow with the City, the building official may issue one six-month temporary Certificate of Occupancy and permit the property owner to complete his landscaping during the six-month period. For purposes of this Subsection, "documented assurance" means a copy of a valid contract to install the landscaping in accordance with the landscape plan within the six-month period. The City shall hold the funds in escrow until such time as the landscaping is completed in accordance with the approved plan.
(c)
Forfeiture of Escrow.
If a temporary Certificate of Occupancy is issued, and, at the end of the six-month period, no permanent Certificate of Occupancy has been issued because the landscaping has not been installed in accordance with the landscape plan, the property owner shall be deemed in violation of this article, the funds placed in escrow shall be forfeited, and the City shall issue a citation for said violation, unless an extension is granted by the City Manager.
(Ordinance 2017-06-21, sec. 2 (14.807), adopted 6/26/17)
§ 8.08 General Maintenance.
(a)
Maintenance Requirement.
(1)
Maintenance of Landscaping.
(A)
The owner, tenant and/or their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping. The owner, tenant and/or their agent is responsible for regular mowing, edging, pruning, fertilizing, watering, weeding and other such activities common to the maintenance of landscaping.
(B)
All required landscaping shall be maintained in a neat and orderly manner at all times. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year.
(2)
Replacement of Dead Plant Materials.
Plant materials which die shall be removed and replaced with plant material of similar variety and size within sixty (60) days. Trees with a trunk diameter in excess of six inches (6") measured twenty-four inches (24") above the ground may be replaced with ones of similar variety having a trunk caliper of no less than three inches (3") measured twenty-four inches (24") above the ground. A time extension may be granted by the building official for conditions relating to a season of the year per the requirements of this section.
(b)
Enforcement.
Failure to maintain any landscape area in compliance with this section is considered a violation of this article and shall be subject to penalties of this article. If at any time after the issuance of a certificate of occupancy the approved landscaping is found to be in nonconformance to the standards and criteria of this section, the building official or designee shall issue notice to the owner, tenant and/or their agent citing the violation and describing the action required to comply with this section.
(c)
Utility Lines and Rights-of-Way.
Any damage to utility lines resulting from the negligence of the property owner, his agents, or employees in the installation and maintenance of required landscaping in a utility easement is the responsibility of the property owner. If a public utility disturbs a landscaped area in a utility easement, it shall make every reasonable effort to preserve the landscaping materials, and return them to their prior locations after the utility work. If, nevertheless, some plant materials die, it is the obligation of the property owner to replace the plant materials.
(Ordinance 2017-06-21, sec. 2 (14.808), adopted 6/26/17)