The purpose of landscaping requirements is to promote and protect the public health, safety and welfare through the preservation and protection of the environment by recognizing the vital importance of plant materials in the ecological system.

   Landscaping shall be encouraged that will enhance the visual environment, ensure public safety, moderate the micro-climate and minimize nuisances, primarily noise and glare.

   The purpose of this chapter is:

   (a)   To promote the proper use of landscaping as a buffer between different land uses, to improve and maintain appearance and safety and to protect, preserve and promote the aesthetic appeal, character and value of the City of London.

   (b)   To specifically promote the preservation and replacement of major trees removed in the course of land development.

(Ord. 195-96. Passed 11-7-96.)

   For purposes of this chapter, the following words or phrases shall have the following meanings:

   (a)   "Caliper" means the trunk diameter measured at six inches above the ground for trees up to four inches in diameter and twelve inches above the ground for trees over four inches in diameter.

   (b)   "Critical root zone" means the rooting area in which any soil disturbing activities could cause tree decline or death. The diameter of the critical root zone is equal to the tree height times 0.4. The area is commonly referred to as the "dripline".

   (c)   "Interior landscaping" means the use of landscape materials within the innermost boundaries of a landscape buffer zone.

   (d)   "Landscape buffer zone" means the area adjacent to any vehicular use area or along common boundaries.

   (e)   "Large tree" means any tree normally attaining a mature height of over fifty feet.

   (f)   "Major tree" means any tree or shrub that is three inches or greater in caliper. If the plant is multi-stemmed, the caliper of all stems shall be added and the average caliper shall be used.

   (g)   "Medium tree" means any tree species that normally attains a mature height of between twenty-five feet and fifty feet.

   (h)   "Minor tree" means any tree or shrub that is less than three inches in caliper. If the plant is multi-stemmed, the caliper of all stems shall be added and the average caliper shall be used.

   (i)   "Opacity" means the use of landscape materials to visually screen adjacent property, starting from the established grade to a specifically required vertical height, and the degree to which a wall, fence or vegetation is impenetrable to light.

   (j)   "Perimeter landscaping" means the use of landscape materials within a landscape buffer zone to achieve the required opacity.

   (k)   "Small or ornamental tree" means any tree that normally attains a mature height of under twenty-five feet.

   (l)   "Street tree" means any tree planted in the tree lawn.

   (m)   "Top" means to indiscriminately remove plant parts in such a way as to destroy the natural defense system, shape and beauty of trees.

   (n)   "Tree lawn" means the part of a street not covered by paving, lying between the property line and the curb.

(Ord. 195-96. Passed 11-7-96.)

   (a)   New Sites. No certificate of zoning compliance or building permit shall be issued, hereafter, for any site development or construction of any structure or vehicular use area, except where landscaping complies with this chapter.

   (b)   Existing Sites.  

      (1)   No structure or vehicular use area, including parking lots, shall be constructed or expanded, unless the minimum landscaping requirements of this chapter are met.

      (2)   Landscaping for the entire property shall not be required, unless the expansion is substantial. Expansion is substantial when:

         A.   No additional land is involved, but the square footage of the expansion or alteration exceeds twenty-five percent of the gross square footage of said structure.

         B.   Additional land is involved and the square footage of the expansion or alteration of the structure exceeds twenty-five percent of the existing land or the gross square footage of said structure, exclusive of expansion or alteration.

(Ord. 195-96. Passed 11-7-96.)

   (a)   When a property is affected by the landscape requirements, the property owner or developer shall prepare a landscape plan for submittal to the Shade Tree Commission for review. Once submitted, the Shade Tree Commission shall consider the plan within two weeks. Approval or disapproval shall be provided to property owners within three days of consideration. The plan shall contain the following:

      (1)   Exact locations of all existing major trees, clumps of minor trees and proposed landscape materials, installation size, on-center planting dimensions, where applicable, and quantities for all plants to be used.

      (2)   Location, size and identity of all major trees to be removed.

      (3)   Location and size of any structure presently on the site and those proposed to be placed on the site, vehicular use areas and parking spaces, driveways, service areas and abutting streets and highways.

   (b)   A landscape plan shall be required in the followings cases:

      (1)   All new, nonresidential development;

      (2)   All new housing developments, including new single-family lots, two-family lots and multifamily lots;

      (3)   All complete building renovations, as outlined in Section 1272.03(b); and

      (4)   Any property improvement whatsoever that requires the removal of existing major trees.

(Ord. 195-96. Passed 11-7-96.)

   (a)   Where landscaping is required, no building permit shall be issued until the required landscaping plan has been approved by the Shade Tree Commission.

   (b)   No certificate of occupancy will be issued until all plantings have been installed in accordance with the approved, detailed plan.

   (c)   If the required landscaping has not been completed and a temporary certificate of occupancy is issued, a performance bond or its equivalent shall be posted at that time.

      (1)   After a bond or its equivalent has been posted, the required landscaping shall be installed within nine months after the issuance of a temporary certificate of occupancy.

      (2)   A one-month extension may be granted if the property owner or developer can demonstrate that an extension is warranted due to adverse weather conditions or the unavailability of plant materials. No more than three such extensions shall be granted.

(Ord. 195-96. Passed 11-7-96.)

   The following describes the minimum requirements.

   (a)   General Requirements. 

      (1)   All plant materials shall be sound, healthy live plants, conforming to the standards of the American Nursery and Landscape Association, which standards are hereby adopted by reference, and such plants shall have passed inspection required under State law.

      (2)   All landscaping used as fencing shall conform to City ordinances regulating fences.

   (b)   Site Requirements. 

      (1)   In general.

         A.   All major trees on any publicly owned property near an excavation or construction site shall be protected from damage based on currently accepted practices, which shall be available for review at the City Hall or provided by the Shade Tree Commission. It is the recommendation of the Commission that all major trees located on private property be protected according to the same practices, in efforts not only to enhance the property but also the community generally.

         B.   No person shall excavate any trenches or tunnels or lay any drive within the critical root zone of any public tree or shrub without first obtaining permission from the Shade Tree Commission.

         C.   The City shall have the right to cause the removal of any dead or diseased tree(s) located on private property within the City and/or cause the removal of tree branches located on private property within the City that overhang public property, when such trees constitute a hazard to life and property or harbor disease that constitutes a potential threat to other trees within the City. The Shade Tree Commission or its designee shall notify, in writing, the owners of such trees. The City shall cause to be removed any trees made unsafe by various construction activities. This determination shall be made by the Shade Tree Commission.

      (2)   Street tree requirements.

         A.   All trees selected for tree lawns must be approved by the Shade Tree Commission before any planting begins. No trees will be planted that will interfere with underground utilities. Any plant lists that include species considered undesirable by the Shade Tree Commission will be rejected. (See Appendix B, attached to original Ordinance 195-96, passed November 7, 1996.)

         B.   Trees shall be located so that a thirty-foot sight triangle is maintained at street intersections, as illustrated in Figure A below.

         C.   Trees shall be located so that a fifteen-foot sight triangle is maintained at all intersections of an alley and a street.

         D.   Trees shall be located so that a ten-foot sight triangle is maintained at all intersections of a driveway and streets and alleys and alleys.

         E.   Street trees shall be planted as follows:

            1.   Small trees shall be planted not less than fifteen feet apart.

            2.   Medium trees shall be planted not less than fifteen feet nor more than thirty feet apart.

            3.   Large trees shall be planted not less than thirty feet apart.

            4.   No street trees shall be planted in tree lawns three feet wide.

            5.   Only small trees shall be planted in tree lawns three to five feet wide.

            6.   Only small or medium trees shall be planted in tree lawns five to seven feet wide.

            7.   Only medium or large trees shall be planted in tree lawns over seven feet wide and shall be planted midway between the curb and sidewalk, unless otherwise specified by the Shade Tree Commission.

            8.   No street trees shall be planted closer than fifteen feet to any fire hydrant and/or fire well.

            9.   If the tree lawn area is less than three feet wide, the developer may choose to plant trees beyond the right-of-way. These trees are not to be considered as part of interior landscape requirements.

            10.   All trees shall be planted in accordance with generally accepted techniques. (See Appendix C, attached to original Ordinance 195-96, passed November 7, 1996.)

            11.   All trees must be maintained for one year after planting and replaced if death occurs within that year or if the Shade Tree Commission deems such plant less than satisfactory. After one year, the City of London shall retain rights to maintain trees in the public right-of-way.

         F.   Tree limbs of existing trees hanging over a public right-of-way shall be properly pruned to such an extent that no portion shall be lower than seven feet above sidewalks or lower than fourteen feet above streets.

   (c)   Minimum Planting Requirements. For all new development or substantial alteration to existing sites, the following landscape requirements apply.

      (1)   Existing, properly preserved trees (see Appendix D attached to original Ordinance 195-96, passed November 7, 1996) can be counted as part of the total caliper requirement.

      (2)   Individual lots, all R Districts and Residential PUD areas require tree plantings equal to six-inch caliper per lot.

      (3)   All uses other than residential require tree plantings equal to one-half inch caliper per every 1,000 square feet of ground area.

   (d)   Buffer Zone Landscaping. 

      (1)   Buffer zone plantings are required between the following:

         A.   Single-family and multifamily use.

         B.   Commercial and manufacturing use.

         C.   Any different land use and residential use.

      (2)   Buffer zone requirements are as follows:

         A.   Screening shall consist of walls, fences, natural vegetation and earthen mounds, or a combination of all these.

         B.   Natural vegetation screening, during full foliage, shall have a minimum opacity of seventy-five percent based on type.

         C.   Parking lot screening shall conform to the following standards:

            1.   Conifers must be used as an element of all landscaping plans.

            2.   Screening shall be reasonably uniform in height and opacity along its entire length.

            3.   When vegetation is used either alone or in combination with other materials, the plants:

               a.   Shall be at least two feet minimum in height.

               b.   Shall be selected for year-round dense foliage and be adequate to shield adjoining properties from headlight glare.

               c.   Will reach the desired height and density within four years of installation.

   (e)   Interior Landscaping. Any open vehicular use area, excluding loading, unloading and storage areas in a Commercial or Manufacturing District, consisting of more than 6,000 square feet of area, or twenty or more vehicular parking spaces, shall have interior landscaping.

      (1)   Purpose. The purpose of interior landscaping is:

         A.   To help reduce glare and heat build-up.

         B.   To visually reduce and break up the pavement.

         C.   To promote interior islands for traffic separation.

      (2)   Requirements.

         A.   The minimum soil area shall be sixteen square feet.

         B.   Layout and design shall be at the discretion of the developer, with advice available from the Shade Tree Commission.

         C.   One large tree shall be planted for every twenty-five parking spaces, or fraction thereof.

         D.   Grasses, shrubs, ground cover and other landscaping materials may also be used.

   (f)   Perimeter Landscaping. 

      (1)   Front yard requirements.

         A.   Landscaping is required in any Business District, Manufacturing District and multifamily use area over two units per lot.

         B.   No vegetation shall be higher than four feet at maturity, except trees.

      (2)   Side and rear yard requirements.

         A.   Landscaping is required in any Commercial, Manufacturing or multifamily District where vehicular use areas abut a single-family use area.

         B.   Landscaping shall be selected and planted to screen headlight glare onto adjoining property, shall have 100 percent opacity and shall be not less than five feet tall at maturity

         C.   Combinations of grasses, shrubs, shade and ornamental trees, conifers and other landscape materials shall be used.

         D.   Tree spacing for perimeter plantings only, on-center, shall be as follows:

                  Plantings      Spacing (ft.)

                  Large trees      30 to 40

                  Conifer trees      8 to 15

                  Ornamental trees   10 to 20

                  Shrubs         confined to common planting beds

(Ord. 195-96. Passed 11-7-96.)

   (a)   Size of Plantings. To insure the survival of landscape plantings, the following minimum sizes are recommended at the time of planting. Special permission from the Shade Tree Commission is required to vary from sizes designated below.

         Plantings      Size

      (1)   Shade trees      1 1/2 to 2 1/2-inch caliper

      (2)   Coniferous trees   5 feet in height

      (3)   Ornamental trees   1 1/2 to 2 1/2-inch caliper

      (4)   Shrubs         15-inch height or spread

      (5)   Grasses      No. 2 container

      (6)   Ground cover      No. 2 container

      (7)   Perennials      one-gallon container

   (b)   Minimum Spacing. Plant spacing will vary based on species selected and desired effect. The following is a general guide. For specific guidance, the Shade Tree Commission should be contacted.

         Plantings      Spacing (ft.)

      (1)   Street trees      40 to 40

      (2)   Shade trees      20 to 40

      (3)   Conifer trees      8 to 15

      (4)   Ornamental trees   15 to 30

      (5)   Shrubs:

         Greater than 3 feet   4 to 5

         Less than or equal to three feet   3 1/2 to 4

   (c)   Screening. Natural vegetation, fences and walls shall have a minimum opacity of 100 percent. Screening can consist of a combination of walls, fences, natural vegetation and earthen mounds.

      (1)   Screening of service areas.

         A.   All areas shall be screened along the entire rear and side lot lines of the building setback line in all commercial, office and manufacturing uses.

         B.   Where a loading area abuts a residential use area, screening shall be six feet in height.

      (2)   Screening of trash receptacles.

         A.   All trash receptacles shall be screened on three sides in all multifamily, Commercial, office and Manufacturing Districts. Screening shall reach a height of at least six feet within three years of planting. All trash receptacle areas shall be screened on the fourth side with a 100 percent opacity gate.

         B.   Trash receptacles shall not be located in front yards and shall conform to all setback restrictions for the zoning district in which they are located.

(Ord. 195-96. Passed 11-7-96.)

   (a)   A violation of any of the above requirements and standards shall be grounds for the Building Inspector to refuse a building occupancy permit.

   (b)   Failure to replace a mature tree is a separate offense for each separate instance.

   (c)   An appeal of an adverse decision of the Shade Tree Commission may be filed within ten days of the decision. The appeal will be heard by the Board of Zoning Appeals.

(Ord. 195-96. Passed 11-7-96.)