Residential; and

Commercial and business park uses.

At least 20 linear feet of driveway shall be provided between any garage, carport, or other fenced parking area and the street property line. The linear distance shall be measured along the centerline of the driveway from the access point to such garage, carport or fenced area to the street property line.

Projections may extend into required setbacks as follows:

These standards may be modified under the provisions for zero-lot-line and townhouse developments. Interior side setbacks may be eliminated in zero-lot-line and townhouse developments. Rear setbacks may be reduced by up to 50 percent; provided, that any portion of a structure located in the standard (prereduction) rear setback area shall not exceed a height of 15 feet.

The maximum height allowed may be increased pursuant to incentives in MVMC § 18.40.140(G)(2).

See MVMC § 18.30.030(B)(1) for additional guidance on middle housing unit density. This does not impact, nor prohibit, single-family housing on a parcel zoned for residential.

Calculations. When calculating allowed density for any given site in the City, the gross area of the site is multiplied by the allowed density per acre that applies to the zone where the site is located. The result is the maximum number of units (other than ADUs) that may occupy that site. Results that include fractional or decimal values shall be rounded down to the nearest whole number for the purposes of calculating density.

These densities are allowed only in conjunction with a permitted principal use and not for stand-alone residential development.

Service station pump islands shall be placed no closer than 25 feet from the right-of-way.

This setback is required only from property lines abutting Residential zones. No interior setback is required from property lines in Commercial zones that abut nonresidential zones. Building code and fire code setback or building separation requirements may apply.

Structures, or those portions of structures, within 50 feet of property lines adjoining Residential zones shall not exceed 35 feet in height. An additional 10 feet of building height may be earned through the amenity incentive system, for a total of 55 feet for buildings greater than 100 feet from property lines adjoining Residential zones.

Projections may extend into required setbacks as follows:

The maximum height allowed may be increased pursuant to incentives in MVMC § 18.40.140(G)(2).

Street setbacks may be reduced or modified in accordance with the commercial design standards in MVMC § 18.70.030.

Structures, or those portions of structures, within 50 feet of Residential zones shall not exceed 35 feet in height.

Structures dedicated to manufacturing, educational/vocational, and office uses may be allowed up to 85 feet in height subject to the following restrictions:

Structures dedicated to senior high school educational uses located within Public zones may be allowed up to 85 feet in height.

Along street frontages, all fences shall be set back one foot for every foot of fence height. This setback shall be landscaped according to Type II landscaping requirements of this code;

A setback area shall not be required for fences along interior property lines if the Commercial zoned property is adjacent to or abuts nonresidentially zoned property. A landscaped setback area as set forth in subsection (B)(1) of this section is otherwise required.

Fences over six feet in height in nonresidential zones shall be subject to the requirements of the applicable building codes;

Fence height shall be measured from the elevation of the finished grade at the base of the fence, on the exterior side of the fence;

No fence may be constructed if it creates a hazard to users of the public right-of-way or to nearby property;

All fences shall comply with the sight distance triangle requirements contained in MVMC § 18.40.090;

Electrical fences are not permitted, except for livestock fencing.

In all zones:

Any portion of the fence above a height of eight feet, measured to include both the fence and the retaining wall or berm (as described in subsection (D)(1)(a) of this section), shall be an open-work fence.

There shall be a minimum of four feet of horizontal separation between the building and any proposed retaining wall or berm.

Any retaining wall that is higher than four feet will require a minimum four-foot-high fence.

Residential subdivisions and townhouses developed at a density of eight units or fewer per acre – 435 square feet per unit, except as provided in subsection (F) of this section;

Multifamily uses developed at a density of greater than eight units per acre, and mixed residential-commercial developments:

Developments consisting of a lower density and number of units will generally demonstrate less need for recreational areas and include more open space dedication for meeting these provisions;

As development increases in the number of units and density, they will generally necessitate more recreational area and include more recreational area dedication for meeting these provisions;

Site-specific circumstances, such as proximity to existing recreational areas, adjacent land uses, and presence of environmentally sensitive areas, may be considered when demonstrating an acceptable amount of recreational or open space area;

Adopted City policies and goals related to recreational and open space areas may be considered when demonstrating an acceptable amount of recreational or open space area.

At least 80 percent of the recreation space will be flat and usable for either active and/or passive recreation uses;

Recreation space and open space must be located on the site of the proposed development;

Recreation space and open space will have no dimensions less than 20 feet (except pathways);

Recreation space will be reasonably central, accessible, and convenient to the residents of residential development it serves;

Recreation space and open space must provide access by street frontage, trail, or walkway to any existing or planned public community park, public open space or trail system, which may be located on adjoining property;

Where possible, pathways will be developed to provide off-street access to the recreation space or open space. The minimum width of these pathways will be no less than eight feet and will be landscaped, and, if the recreation space or open space is located on a street classified as neighborhood collector or above, it shall incorporate buffers and/or barriers necessary to reduce hazards from passing vehicles.

Subdivisions, multifamily uses, and mixed residential-commercial developments of greater than four units and fewer than 25 units may pay a partial fee-in-lieu of on-site recreation or open space.

When determined by the Director of Community Development that less on-site recreation or open space may be possible as per subsections (A)(1) and (A)(2) of this section, a fee-in-lieu may be accepted for the balance of the requirement.

All subdivisions, multifamily uses, and mixed residential-commercial developments with 25 or more units, excluding age-restricted senior citizen housing, shall provide tot/children play areas within the required recreation space on site, except when facilities are available within one-quarter mile that are developed as public parks or playgrounds and are accessible without crossing of arterial streets.

If any play apparatus is provided in the play area, the apparatus shall meet consumer product safety standards for equipment, soft surfacing and spacing, and shall be located in an area that is:

At the sole discretion of the City and subject to approval from the City Council, recreation space as defined in MVMC § 18.20.020(R), and meeting the requirements of subsections (A) and (B) of this section, may be dedicated as a public park in lieu of providing the on-site recreation space required above when the following criteria are met:

Unless the recreation space is dedicated to the City pursuant to subsection (H)(1) of this section, maintenance of any recreation space retained in private ownership shall be the responsibility of the owner or other separate entity capable of long-term maintenance and operation in a manner acceptable to the parks division.

Trees, overhangs, eaves cannot extend below eight feet;

Hedges, shrubs, retaining walls, fences are limited to 42 inches in height;

A street intersection shall be determined by measuring 15 feet along both street property lines beginning at their point of intersection. The third side of the triangle shall be a line connecting the endpoints of the first two sides of the triangle; or

A site access point shall be determined by measuring 15 feet along the street lines and 15 feet along the edges of the driveway beginning at the respective points of the intersection. The third side of each triangle shall be a line connecting the endpoints of the first two sides of each triangle; and

Such improvements prevent adequate sight distance to drivers entering or leaving a driveway; and

No reasonable driveway relocation alternative for an adjoining lot is feasible.

The required storage areas shall be dispersed in collection points throughout the site when a residential development comprises more than one building;

Collection points may be located within residential buildings, in separate buildings/structures without dwelling units or outdoors;

Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate or any hauling truck does not project into any public right-of-way;

Trash and recycling enclosures shall meet the requirements of the Community Design Guidelines.

Storage space may be allocated to a centralized collection point;

Outdoor collection points shall be located in a required setback or landscaped area, or designated service areas within Public zones;

Collection points shall be located in a manner so that the swing of any collection point gate does not obstruct pedestrian or vehicle traffic or access to parking or that the gate or any hauling truck does not project into any public right-of-way;

Dimensions of the collection points shall be sufficient width and depth to enclose containers for trash and recyclables;

Architectural design of any structure enclosing an outdoor collection point or any building primarily used to contain a collection point shall be consistent with the design of the primary structure(s) on the site;

A six-foot wall or sight-obscuring fence shall enclose any outdoor collection point. Appropriate landscaping shall also be required as determined by the Director;

Enclosures for collection points and buildings used primarily to contain a collection point shall have appropriate width and clearance to accommodate the hauler's equipment.

Locate and/or screen roof-mounted and ground level mechanical equipment so as not to be visible from the street, from the ground level of adjacent properties or from adjacent residential areas at higher elevations.

Where equipment is exposed to views from a higher elevation, it shall be painted with a nonreflective paint to blend with the roof or background, or be screened.

Locate and/or screen utility meters, electrical conduit and other service and utilities apparatus so as not to be visible from the street where feasible. This is intended to include public utilities along the street, where feasible.

Garbage, recycling collection and utility areas visible from a public right-of-way, public parking area, walkway, or public open space shall be screened around their perimeter by a wall or fence at least six feet high. Fences should be made of masonry, ornamental metal or wood, or some combination of the three so that they blend with the architecture of the building. The use of chain link, plastic or wire fencing is prohibited.

Off-street parking facilities shall be required for all land uses in accordance with the standards and requirements of this section. Where existing buildings do not now meet these requirements, the provisions of this code in MVMC § 18.80.010 through § 18.80.090 relating to nonconforming uses, structures, and sites shall apply if proposals for enlarging or increasing capacity of the building or use are made.

Off-street parking spaces, when provided in accordance with these regulations, shall be paved with a durable, dust-free surface for vehicle parking, maneuvering and storage.

All off-street parking shall be located on the premises except as provided for in this section.

Lighting of areas provided for off-street parking shall be full cutoff and installed horizontally or shielded so it does not constitute a nuisance or hazard to adjoining property or passing traffic. Where property used for off-street parking shares a common boundary with any residentially zoned property, the illumination devices shall be directed away from the residentially zoned property.

Parking requirements shall be rounded to whole numbers. Fractional requirements less than one-half shall be rounded down. Fractions of one-half or more shall be rounded up.

For parking areas with more than 200 spaces, the total number of parking spaces, including reserved employee parking, shall not exceed five percent more than the minimum necessary under this code, except for parking spaces located within a structured parking facility or parking spaces that also serve as park and ride/transit/carpool spaces.

Commercial buildings over 5,000 gross square feet shall provide four permanent bicycle spaces and one space for every additional 10,000 gross square feet. For multifamily residential, one space for every two dwelling units. Bicycle parking spaces shall be located within 50 feet of primary entrances except that senior high schools in Public zones may have bicycle parking spaces located further than 50 feet of primary entrances; the final location, type and color of bicycle rack shall be determined by the Community Development Department; provided, that for senior high schools in Public zones the type and color shall be approved by the Director during permit review.

The Community Development Director may approve alternative minimum parking requirements for specific uses on specific development sites where the applicant demonstrates, through a parking study prepared by a qualified expert, that the alternative requirement will provide sufficient parking to serve the specific use without adversely impacting other uses and streets in the vicinity. The Director may require the recording of a covenant or other instrument restricting the use of the property to the specific use for which the alternative minimum parking requirement was approved. Review of the study shall be conducted by a City selected consultant at the expense of the developer.

Shared Parking Facilities. Shared parking facilities may be provided subject to the approval of the Community Development Director where two or more land uses can be joined or coordinated to achieve efficiency of vehicular and pedestrian circulation, economy of space, and a superior grouping of buildings or uses. When shared parking facilities can be provided, the Community Development Director may reduce the on-site parking requirements based on any of the following criteria:

Dwellings.

Commercial Activities.

Business Park Activities.

Recreation and Amusement Activities.

Educational Activities.

Medical Activities.

Religious Activities.

Other Uses. For uses not specifically identified herein, the amount of parking required shall be determined by the Director, based on parking required for similar uses and, if appropriate, documentation provided by the applicant.

Mixed Occupancies. In the case of two or more uses in the same building, the total requirements for off-street parking facilities shall be the sum of the requirements for the different uses computed separately, except in shopping centers. Off-street parking facilities for one use shall not be considered as providing required parking facilities for any other use except as permitted under the shared use provisions of this title.

The parking lot or facility must be located within a radius of 500 feet of the buildings or use areas it is intended to serve;

The lot shall be designed to freely circulate and connect all portions of the shared lot without the need to exit the lot to public right-of-way to reach any other portion of the lot;

Documentation of dissimilar peak hour parking demands done by a qualified transportation consultant must be provided by the applicant; and

The subject property or properties shall be legally encumbered by a recorded reciprocal parking easement or other appropriate means which provides for continuous shared use of the parking facilities. Documentation shall require review and approval of the City Attorney.

The maximum size for a single parking area shall be 300 feet by 250 feet. Multiple parking areas on a single site are allowed as long as parking areas are separated pursuant to subsection (E)(3) of this section.

Parking Lot Diagram. (Not drawn to scale.)

Parking Area Separation. Parking area separation and visual buffering shall include the placement of buildings, landscape areas or pedestrian-oriented areas, or any combination thereof, with a linear distance at least equal to 80 percent of the parking area dimension abutting the separation area. Landscape areas must be at least 20 feet in width or 15 feet in width if the landscape area contains at least a three-foot-high berm as depicted in MVMC § 18.70.030(B)(3)(a)(i)(B). Landscape areas may be located within an interior parking area or innovative stormwater treatment and/or flow control facility such as bioretention (as defined by the City-adopted KCSWDM). Landscape areas shall be planted with native and drought resistant vegetation.

Schools in Public Zones. Parking area requirements for the development of schools in Public zones shall be as approved by the Director during permit review.

Standard: nine feet by 19 feet.

Compact: eight feet by 17 feet.

Parallel: nine feet by 23 feet.

Any parking spaces abutting a landscaped area on the driver or passenger side of the vehicle shall provide an additional 18 inches above the minimum space width requirement to provide a place to step other than in the landscaped area. The additional width shall be separated from the adjacent parking space by a parking space division stripe. The parking space depth may be reduced when vehicles overhang a walkway under the following conditions:

Compact Car Parking.

Reserved Employee Parking.

Provide minimum standards for landscaping in order to maintain and protect property values, preserve significant native vegetation, particularly along major transportation corridors, and enhance the general appearance of the City.

Landscaping designs shall utilize native vegetation species and drought-tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the City. By retaining natural vegetation it can reduce soil erosion and water pollution in the City's streams and lakes by providing wind breaks, slowing the surface movement of water, reducing the amount of stormwater runoff, and stabilizing soils with their roots and fallen leaves.

Respond to State-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality.

Reflect City planning goals, urban design standards, and ecological awareness.

Provide an appropriate amount and quality of landscaping related to all land use in the City.

Reduce noise pollution by absorbing and deadening excessive and/or unwanted noise and by screening the source of the noise from view.

Establish a minimum level of regulation that reflects the purposes of this code.

Provide for design flexibility.

These provisions shall apply to all development applications in the City, with the exception of individual single-family residential and minor or local utility infrastructure; provided, that single-family residential complies with the soil amendments requirements in subsection (B)(2) of this section.

All portions of a disturbed site not used for buildings, future buildings, parking and storage or accessory uses shall have the soil moisture-holding capacity restored to that of the original undisturbed soil native to the site to the maximum extent practicable. The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be amended to mitigate for lost moisture-holding capacity. The amendment shall take place between May 1st and October 1st. The topsoil layer shall be a minimum of eight inches thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture-holding capacity native to the site. The topsoil layer shall have an organic matter content of between five to 10 percent dry weight and a pH suitable for the proposed landscape plants. When feasible, subsoils below the topsoil layer should be scarified at least four inches with some incorporation of the upper material to avoid stratified layers. Compost used to achieve the required soil organic matter content must meet the definition of "composted materials" in WAC 173-350-220. The soil quality design guidelines listed above can be met by using one of the following two options:

Except as set forth in subsection (B) of this section, no permit shall be issued to erect, construct or undertake any development project resulting in a new structure or expanding the footprint of an existing structure without prior approval of a landscape plan by the City.

Required landscape plans shall be prepared by a landscape design professional (landscape architect, certified landscaper, certified nursery professional, etc.), certified or registered by the State of Washington.

All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state or restored to such state with appropriate enhanced plantings as determined by the Director; provided, that schools in Public zones shall not be subject to this requirement.

Slopes in areas that have been landscaped with lawn shall generally be a three-to-one ratio or less, width to height (horizontal to vertical), to assist in maintenance and to allow irrigation systems to function efficiently.

Type III landscaping, defined in subsection (E)(3) of this section, shall be placed outside of sight-obscuring fences abutting public rights-of-way and/or access easements.

With the exception of lawn areas, new landscaping materials (i.e., trees, shrubs and groundcover) shall consist of drought-tolerant species and Pacific Northwest adaptive vegetation. All developments are required to include native Pacific Northwest and drought-tolerant plant materials for all projects.

Deciduous trees shall have a caliper of at least two inches at the time of planting measured four and one-half feet above the root ball or root.

Evergreen trees shall be a minimum six feet in height measured from treetop to the ground at the time of planting.

Shrubs shall be a minimum of 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting.

Groundcover shall be planted and spaced to result in total coverage of a landscaped area within three years of planting.

Areas planted with grass/lawn shall:

Grass and required landscaping areas shall contain at least two and one-half inches of compost or imported topsoil with five to 10 percent soil organic matter content.

Existing clay or sandy soils where landscaping is to be installed shall be augmented with an organic supplement.

Landscape areas shall be covered with at least three inches of mulch to minimize evaporation.

Mulch shall be used in conjunction with landscaping in all planting areas to assist vegetative growth and maintenance or to visually complement plant material, except that undisturbed native vegetation need not be mulched. Nonvegetative material shall not be an allowable substitute for plant material.

Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development.

All tree types shall be spaced appropriately for the compatibility of the planting area and the canopy and root characteristics of the tree.

Foundation landscaping is encouraged to minimize impacts of the scale, bulk and height of structures.

All loading areas shall be fully screened from public rights-of-way or nonindustrial/manufacturing uses with Type I landscaping.

Use of products made from post-consumer waste is encouraged whenever possible.

Walkways, decorative paving, fountains, benches, picnic tables and other features or amenities are encouraged in landscaping areas. These features are in addition to the landscaping requirement, not in lieu of such requirement.

Type I – Solid Screen.

Type II – Visual Screen.

Type III – Visual Buffer.

Type IV – Open Area Landscaping.

Multifamily Residential, R-8 – R-24.

Community Business, CB; Four Corners Commercial, FCC; Regional Employment Center, REC; and Regional Learning and Technology Center, RLTC.

Neighborhood Business, NB.

Park, Recreation, Open Space, PRO. Landscaping requirements are to be determined by the City on a project-by-project basis dependent on the proposed use and surrounding zoning districts.

Purpose. The purpose of this section is to mitigate adverse impacts created by parking lots which include noise, glare and increased heat, increased stormwater runoff and pollution, and to improve the physical appearance of parking lots.

Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas as follows:

Senior High Schools in Public Zones. The parking lot landscaping requirements for the development of senior high schools in Public zones shall be as approved by the Director during permit review.

Performance.

Maintenance.

The width of the perimeter landscape strip may be reduced up to 25 percent along any portion where:

When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping material shall be incorporated on another portion of the site;

The width of any required perimeter landscaping may be averaged along any individual property line, provided the minimum width is not less than five feet and the landscape area and materials are incorporated elsewhere on site;

The width of the perimeter landscaping may be reduced up to 10 percent when a development retains 10 percent of significant trees or 10 significant trees per acre on site, whichever is greater;

The landscaping requirement may be modified when existing conditions on or adjacent to the site, such as significant topographic differences, vegetation, structures or utilities, would render application of this chapter ineffective or result in scenic view obstruction.

Purpose. The purpose of this standard is to improve water quality for the protection of endangered species and reduce maintenance costs for stormwater facilities located in residential developments and make them attractive amenities within the neighborhood and the City.

Applicability. These provisions shall apply to all development applications within the City, with the exception of individual single-family residential.

Landscape Plan Approval. A landscape design professional (landscape architect, certified landscaper, certified nursery professional, etc.), certified or registered by the State of Washington, shall prepare required landscape plans in accordance to the adopted Surface Water Design Manual and Addenda.

Maintenance of the landscaping in the drainage facility shall be the responsibility of the developer or homeowners' association for two years following facility acceptance by the City of Maple Valley. This includes but is not limited to watering, maintenance, replacement and grooming of all plantings.

Tree Removal – Permit Required. This subsection sets forth the circumstances under which a permit is required before removing a tree.

Tree Removal From Public Property – Not Allowed by Private Parties. No tree shall be removed from public property except by its public owner or their designee. Such public owners are required to obtain a Clearing and Grading Permit from the City prior to any tree removal. No street tree shall be removed except by the City, its designee, or as authorized by a Right-of-Way use permit.

The number of trees and canopy coverage calculation of trees existing on the site;

The location and species type of existing significant trees or clusters of trees within and adjacent to the proposed area to be cleared and/or graded, including utility corridors;

The species type, size, location, and spot elevation at the base of any landmark tree within the site, unless the requirement is waived by the Director;

A statement that describes replacement tree quality as conforming to the American Standards of Nursery Stock (ANSI);

Critical areas; and

Areas not proposed for clearing or grading, provided such areas do not require a specific survey location of trees.

A canopy coverage calculation shall be prepared by the applicant for the proposal. The canopy coverage calculation may be merged with the Tree Retention Plan and/or landscaping plan for the proposal. The canopy coverage calculation shall show retention and planting of trees at mature canopy coverage of the total site area to equal or exceed: 15 percent for commercial developments within the FCC, NB, PUB, REC, RLTC and CB Zones if there is no residential component. Zones meeting the landscape requirements contained in MVMC § 18.40.130(F): 20 percent for all residential development with the R-4, R-6, R-8, R-12, R-18, R-24 and CB Zones (if there is a residential component). Other developments meeting the landscape requirements contained in MVMC § 18.40.130(F), on the Legacy Site, will be excluded from canopy coverage from this section, calculated as follows:

For the purposes of meeting the minimum required canopy coverage calculation, trees shall be retained pursuant to the following unranked guidelines, except where determined to be exempt or to constitute a hazard by a qualified professional pursuant to subsection (C)(1)(d) of this section:

Where demonstrated that a site cannot achieve the minimum canopy coverage through retention pursuant to subsection (F)(2) of this section, planted significant trees may be utilized in Tree Protection Areas pursuant to the following guidelines in order of preference where applicable:

For any retained landmark tree, the actual dripline area of the tree may be credited toward open space or recreational space requirements irrespective of tree location; or

Additional building height of 10 feet is permitted up to a maximum height of 45 feet; provided, trees must be retained proximate to the proposed building location(s).

If any tree that is saved in conjunction with these bonus provisions is lost in the future for whatever reason, it shall be replaced with large nursery stock approved by the Director.

The proponent must show that the alternative landscape plan is of a better quality compared to a plan that would meet the requirements in the above subsections, and retains significant trees or provides planted significant trees in accordance with the following:

Alternative landscape plans must emphasize native plant material and large-scale shrub and small tree species, such as vine maple, as well as ornamental material appropriate and complementary to the proposed use of the site.

For installation or maintenance of major overhead and major underground utilities, such as electrical transmission lines, water or sewer mains or stormwater lines, no tree retention or planting requirements shall be imposed within the easement or right-of-way area.

For installation or maintenance of minor overhead and underground utilities, including overhead power distribution lines, water or sewer mains, or stormwater lines, no number of trees per acre of land shall apply for the easement or right-of-way area; provided, however, for each significant tree removed due to installation or maintenance of lines, one planted significant tree is required. The Director shall give consideration to the approval of planted species so as not to create future conflicts with the overhead or underground utilities.

For private properties with easements for overhead utilities, no tree retention or significant tree equivalent planting requirements shall apply for the private land area affected by the utility easement.

For public and private road construction and maintenance within the right-of-way or grading easements, no tree retention requirement shall apply; provided, retained trees within and along the right-of-way of Maple Valley Highway SR-169, Kent-Kangley Road SR-516, and Witte Road arterial corridors shall be accommodated and provided as a requirement of the design engineering for and maintenance of the road.

Increased tree windthrow potential as a result of impacts to trees on a site shall be evaluated based on the following risk factors:

The site design implements the intent of this section; and

The Tree Retention Plan conforms to the specific requirements of this section; and

The proposal complies with and conforms to all standards and requirements of the underlying permit, if such permit is in addition to the Clearing and Grading Permit.

Site Design Standards.

Construction Standards.

A signed maintenance contract for a minimum period of three years from the time of occupancy that includes replacement of any dead or dying material observed at the end of three years; whereas, if any landscaping needs to be replaced the release of bonds could be extended up to an additional two years; or

A maintenance security in the form of an assigned savings deposit statement from a financial institution in the amount of 20 percent of the landscape installation contract. The security device shall state it may be released after one year only by the City after inspection of the site and replacement of materials as ordered.

Significant and protected trees, as defined in this chapter, shall not be topped unless recommended by a qualified professional.

Pruning and maintenance of protected trees shall be consistent with the ANSI A300 standards and ISA best management practices for proper pruning.

Limits of clearing and grading;

Location of tree protection fencing;

Delineation of any critical areas and critical area buffers;

Individual trees to be retained;

Property lines.

Planted significant trees shall be a mix of species approved by the Director for the specific application or proposal. Planted significant trees shall be located in a landscaping area of sufficient size to support a trunk size at maturity growth of at least 12 inches in diameter following the minimum standards for planted significant trees in this section. A minimum of 60 percent of the planted significant trees shall be native evergreen coniferous species. Species allowable for planting significant trees shall be selected from the following two lists at a ratio of no less than 70 percent from List 1, and no more than 30 percent from List 2, or as approved by the Director:

Western Red Cedar (native evergreen coniferous)

Douglas Fir (native evergreen coniferous)

Western Hemlock (native evergreen coniferous)

Alaskan Yellow Cedar

Port Orford Cedar (native evergreen coniferous)

Norway Spruce

Sitka Spruce (native evergreen coniferous)

Incense Cedar (native evergreen coniferous)

Lodgepole Pine (native evergreen coniferous)

Ponderosa Pine (native evergreen coniferous)

Western White Pine (native evergreen coniferous)

Giant Sequoia (native evergreen coniferous)

Big Leaf Maple

Red Maple, both rounded and columnar forms

Other native species as approved by the Director

Birch "Jacquemontii"

Sweetgum

Honeylocust

Hornbeam

Marshal Seedless Ash

Summit Ash

Flowering Pear

Pin Oak

Other nonnative ornamental species as approved by the Director

Evergreen coniferous trees shall be six feet in height from the top of the root ball, and balled and burlapped in healthy condition at time of planting. Alternatively, trees that are four or more inches in diameter measured at four and one-half feet from planting grade may be transplanted from on site; provided, that an approved method directed by a qualified professional is used. Pruned or sheared evergreen trees intended for Christmas tree use are not acceptable if the leader has been cut.

Deciduous trees, evergreen broadleaved trees, or deciduous coniferous trees shall be a minimum two inches in diameter measured four feet above planting ground level, and with the lowest branch no lower than four feet from grade.

Staking, soil amendments, and planting details shall be specified by a qualified professional.

Planting areas and no disturbance areas shall be free from structures or impervious surfaces a minimum of seven feet in radius from the point the tree is planted, or as designed by a qualified professional to support a minimum size at maturity of 12 inches of trunk diameter measured four and one-half feet above planting ground level. Such designs shall contain a statement signed by the designer estimating the mature size of the tree in the planter area provided.

Criminal. A violation of this section shall be considered a criminal misdemeanor, punishable up to 90 days in jail and a $1,000 fine.

Civil. A violation of this section shall be subject to civil penalties as set forth in the currently adopted Maple Valley development fee schedule.

Recreational and sporting uses and areas of buildings dedicated toward recreational uses. These include but are not limited to such uses as: sporting venues, arenas, gymnasiums, swimming pools, dance studios, indoor sport facilities (batting cages, archery ranges, etc.), climbing walls and similar uses.

Entertainment uses and areas of buildings dedicated to entertainment uses. These include: concert venues, live performance and movie theaters, bowling alleys, arcades, entertainment and recreation oriented activity centers, and similar uses.

Educational, instructive and vocational uses providing educational or professional training such as schools, colleges, technical institutes consistent with the characterization of "professional office" as described in MVMC § 18.20.020(P)(5).

Medical treatment facilities, clinics and hospitals that provide on-site medical care, diagnosis and treatment with only related and complementary research uses.

Residential uses contained within a vertical mixed-use development.

Temporary lodging such as hotels and motels.

Public facilities and uses.

The square footage of floor area located on the second and third stories of buildings with a footprint less than 60,000 square feet.

Professional office uses.

Sites with uses between 60,000 square feet and 100,000 square feet shall accommodate and include floor area dedicated to at least two additional commercial uses and a minimum of two additional buildings that:

Large individual commercial uses exceeding 100,000 square feet shall comply with subsection (E) of this section.

Parking structures that constitute vertical above grade or below grade parking garages that provide for at least 30 percent of the site's parking needs; or

Provide three of the following:

Use and floor area ratios:

Additional commercial uses shall comply with the following:

In addition to subsection (D) of this section, the following design elements shall be incorporated: