Marshfield Wood County
City Zoning Code
City Zoning Code
ARTICLE VIII
Landscaping Requirements
§ 18-130 Purpose.
[Ord. No. 1240, 11-30-2012; Ord. No. 1265, 2-11-2014]
The purpose of this Article is to establish landscape requirements and other regulations intended to preserve and maintain vegetation. It also seeks to promote the installation of additional landscape plants in a manner that promotes the natural resource protection, aesthetic, and public health goals of the City.
§ 18-131 Applicability.
[Ord. No. 1240, 11-30-2012; Ord. No. 1265, 2-11-2014]
(1)
The requirements of this Article shall not apply retroactively to existing buildings, structures, or parking areas.
(2)
Any new development that is not exempt from the landscape requirements shall provide installation of landscape plants in accordance with the regulations of this Article, including expansions of existing buildings and parking areas. In the case of expansions, only the new portion of building or parking area shall provide landscaping per the requirements of this Article.
(3)
Exceptions to the requirements of this Article may be granted through a conditional use permit. The applicant shall demonstrate a hardship (excluding financial hardship) that justifies exception.
(4)
The Plan Commission may require additional landscaping as part of a conditional use permit, rezoning, or similar approvals (such as conditions in a Campus District Plan) to minimize conflicts with adjacent uses.
(5)
The following are exempt from the landscape requirements in Section 18-133 (2), (3), and (4), unless otherwise required as part of a conditional use permit, rezoning, or similar approvals (such as conditions in a Campus District Plan).
(a)
Single family uses.
(b)
Two family uses.
(c)
Properties within the Downtown Mixed Use and Rural Holding districts.
(d)
Agriculture uses.
(e)
Accessory structures and new additions to buildings of 1,200 square feet in area or less.
(f)
Accessory uses and structures (not including migrant employee housing, on-site parking, or accessory structures over 1,200 square feet in area).
(g)
Vertical additions to existing structures.
(h)
Telecommunication land uses (excluding equipment shelters).
(i)
Essential services.
(j)
Temporary uses.
(k)
Fences.
(6)
The following are exempt from the landscape requirements in Section 18-133 (2) and (3), unless otherwise required as part of a conditional use permit, rezoning, or similar approvals (such as conditions in a Campus District Plan).
(a)
Development in the light industrial and general industrial districts when not adjoining residential or commercial zoned property.
(b)
New parking areas of 1,200 square feet or less.
(c)
Energy production land uses and structures.
(d)
Migrant employee housing.
(e)
Small scale public services and utilities.
(f)
Community living arrangements (1-8 residents).
§ 18-132 Landscape planting plan.
[Ord. No. 1240, 11-30-2012; Ord. No. 1265, 2-11-2014]
The applicant shall provide a landscape planting plan for all development requiring landscaping. The plan should be prepared by a knowledgeable landscape designer and depict the following unless waived by the Zoning Administrator:
(1)
Plan should be drawn at a reasonable scale to clearly delineate the proposed landscape improvements.
(2)
A scale, north arrow, existing property lines, vision triangles and easements.
(3)
The ground area coverage of the existing building(s) and the proposed building(s) in square feet.
(4)
The total frontage of the existing and proposed building(s) in linear feet.
(5)
The total lot area in square feet and also in acres.
(6)
The total number of existing and proposed parking stalls and new additional parking area in square feet (including circulation areas).
(7)
The existing landscaping to be removed, showing species and size.
(8)
Existing landscaping to remain including species, size (at installation or maturity), number, and number of landscape points (per Figure 18-134(a)).
(9)
Proposed landscaping meeting the requirements of this Article including species, size (at installation or maturity), number of plants, and number of landscape points (per Figure 18-134(a)).
§ 18-133 Landscape planting requirements.
[Ord. No. 1240, 11-30-2012; Ord. No. 1265, 2-11-2014]
Landscape plants shall be provided based on the following requirements for street frontages, parking areas, and bufferyards.
(1)
General requirements.
(a)
These requirements are additive to each other and any other landscape or screening requirements in this Article.
(b)
For new and redevelopment (not including additions to buildings or expansions to parking areas) landscape planting point values may be doubled for existing landscape plants that are retained and protected with the development of the site.
(c)
In calculating the number of required landscape points under the provisions of this Article, all areas and distances which required calculations shall be prorated calculations and rounded up to the nearest whole number. Any partial plant derived from the required calculations of this Article shall be rounded up to the next whole plant (for example: 23.3 large trees would be rounded up to 24 large trees).
(d)
Required landscaping for one landscape area may not be double counted towards meeting the requirements for a different landscape area (for example: required landscaping for one bufferyard may not be counted towards the minimum requirements for another bufferyard, parking area, or street frontage).
(e)
Points allocated to plants that are located within multiple required landscape areas (such as a tree along the street frontage that is also within the bufferyard) may be prorated to count towards each requirement (for example: a large tree worth 40 points located within the bufferyard and along the street frontage, 20 points could count towards the bufferyard and 20 points could count towards the street frontage) provided the minimum requirements for each landscape area are still met.
(f)
Utility easements. Landscape materials, fences and berms located within a duly recorded utility or a pedestrian easement may only count toward meeting the landscape requirement if authorized otherwise by the City and applicable utilities. The width of such areas may be counted as part of a landscape requirement.
(g)
Other open space areas. Open space areas not used for landscape plantings other than natural resource protection areas shall be graded and seeded or sodded with an acceptable maintainable turf grass, restored to native vegetation, or maintained in crop production if already being farmed. Mulch of plantings or planting beds is acceptable provided that such mulching consists of organic or natural materials.
(2)
Street frontages.
(a)
For every 100 linear feet of street frontage of a developed lot abutting a public street, the landscape plants installed shall at a minimum meet the number of landscape points specified in Figure 18-133(a).
(b)
Plantings shall generally be dispersed along the street frontage.
(c)
Street frontage landscaping shall be placed so that any edge of the plants mature drip line is located within the required front/street side yard for the underlying zoning district or if permitted, within the public right-of-way.
(e)
For new structure additions where the minimum landscape requirement is not being met, landscape points shall be based on the linear frontage of the addition visible from a public street measured parallel to the right-of-way line.
(f)
If the street frontage landscaping already meets the requirements for the existing and new development, no additional landscaping is required.
(g)
The City may allow the street frontage landscape plants to be placed within the right-of-way. Installation of plants within the right-of-way must follow the requirements of the Public Works Department.
(3)
Parking areas (including circulation and loading areas).
(a)
For every 20 off-street surface parking stalls or 10,000 square feet of parking area including circulation and loading areas (whichever yields the greater landscape requirement), landscape plants shall at a minimum meet the number of landscape points specified in Figure 18-133(a).
(b)
Plantings shall generally be dispersed adjacent to or throughout the parking areas.
(c)
Parking area landscaping shall be placed so that at maturity, any portion of the plant’s drip line or the edge of an interior parking landscape area (trees, perennials and/or shrubs) is located within 10 feet of the parking area. Landscape parking areas do not have to be provided in one contiguous area.
(d)
Parking lot design.
1.
Parking spaces must be broken up by a landscaped island/peninsula at the rate of one island/peninsula for each linear row of 12 parking spaces for single-row, or for each 24 parking spaces in double row configurations. Parking rows with cart returns are allowed up to 16 parking spaces for single-row, or 32 parking spaces for double row configurations (cart return areas are not counted as parking spaces).
2.
All landscaped islands/peninsulas with trees shall have a minimum width of 7 feet as measured from the back of the curb or edger.
3.
All landscaped islands/peninsulas without trees, but planted with shrubs and/or perennials, shall have a minimum width of 3 feet measured from the back of the curb or edger.
(e)
For new additions to parking areas, landscape points shall be based on the number of new additional parking stalls or the square footage of new parking area added (whichever yields the greater landscape requirement).
(4)
Bufferyards. A bufferyard is a combination of distance and a visual buffer or barrier. It includes an area, together with the combination of plantings, berms and fencing that are required to eliminate or reduce existing or potential nuisances (e.g. dirt, litter, noise, glare, signs, and incompatible land uses, buildings, or parking areas).
(a)
The required level of bufferyard opacity is listed in Figure 18-133(b). Detailed bufferyard requirements are listed in Figure 18-133(c). Opacity is a quantitatively-derived measure which indicates the degree to which a particular bufferyard screens the abutting property. The required level of opacity indicated is directly related to the degree to which the potential character of development differs between different zoning districts.
(b)
Bufferyards shall be located along (and within) the outer perimeter of a lot wherever two different zoning districts abut one another or along abutting properties eligible for buffering according to Article III or Figure 18-133(b). The bufferyard with the greatest opacity applies.
(c)
Bufferyards are not required along public rights-of-way unless otherwise required in Article III.
(d)
Bufferyards are not required for existing development.
(e)
Existing developed areas may continue to be utilized at their present location.
(f)
Required landscape points and fences for new development shall be placed to provide screening between the new development and the abutting property.
(g)
Plantings shall generally be dispersed throughout the required or provided bufferyard.
(h)
Bufferyard fencing.
1.
Bufferyard fencing shall be placed within the required or provided bufferyard along the perimeter of the abutting properties eligible for buffering.
2.
Bufferyard fencing may be required to extend into the required front yard based on the parking configuration but may not encroach into the 10 foot setback from the public right-of-way.
3.
Bufferyard fencing in street side yards may not encroach into the 3 foot setback from the public right-of-way.
(i)
The visual screening for bufferyards, without a structural solid fence and a required opacity greater than 0.4, shall have at least 50% of the required landscape points be a combination of coniferous species, either shrubs and/or trees.
(j)
Bufferyard requirements for new structure and parking additions. Bufferyards are not required where additions to existing buildings or paved areas are not visible from abutting properties eligible for buffering.
1.
For structure and parking additions parallel to or extending closer to an abutting property eligible for buffering, landscape points shall be based on the linear frontage of the addition visible from abutting properties measured parallel along the property line.
2.
New structure additions must either meet the required bufferyard setback for the required opacity or the setback of the existing façade facing the abutting property, whichever is more permissive.
3.
New parking area additions must either meet the required bufferyard setback for the required opacity or the setback of the existing parking area facing the abutting property, whichever is more permissive.
4.
Required landscape points and fences for additions shall be placed to provide screening between the new addition and the abutting property when feasible.
(k)
Use of required bufferyard and landscaped areas. Any and all required bufferyards or landscaped areas may be used for passive recreation activities. Said areas may contain pedestrian, bike or equestrian trails provided that no required plant material is eliminated; the total width of the required bufferyard, and the total area of required landscape planting, is maintained; and all other regulations of this Chapter are met. No parking stalls, buildings, or outdoor display of storage of materials shall be permitted. Paving in such areas shall be limited to access to, through, or across the subject property.
Figure 18-133(a): Landscape Planting Requirements | |||
|---|---|---|---|
Calculation of Landscape Points | Landscape Components | ||
Street Frontages | Parking Areas | ||
Points per 100 linear feet of street frontage | Greater of: points per 20 parking stalls or 10,000 square feet of parking area | ||
Zoning Districts | Rural Holding (RH-35) | 0 | 0 |
Single Family Residential (SR-2) | 40 | 60 | |
Single Family Residential (SR-3) | 40 | 60 | |
Single Family Residential (SR-4) | 40 | 60 | |
Two Family Residential (TR-6) | 40 | 60 | |
Multi-Family Residential (MR-12) | 40 | 60 | |
Multi-Family Residential (MR-24) | 40 | 60 | |
Mobile Home Residential (MH-8) | 40 | 60 | |
Neighborhood Mixed Use (NMU) | 40 | 60 | |
Community Mixed Use (CMU) | 40 | 60 | |
Urban Mixed Use (UMU) | 20 | 50 | |
Downtown Mixed Use (DMU) | 0 | 0 | |
Campus Development (CD) | 40 | 60 | |
Research and Development (RD) | 40 | 60 | |
Industrial Park (IP) | 40 | 60 | |
Light Industrial (LI) | 20 | 50 | |
General Industrial (GI) | 20 | 40 | |
Side Note: Figure 18-133(a) above is a chart to help calculate the minimum landscape points required per zoning district for street frontage and parking areas. The points listed under the street frontage column are the number of points required per 100 feet of street frontage. The points listed under the parking area column are the number of required points per 20 parking stalls or 10,000 square feet of parking area, whichever is greater. |
Figure 18-133(b): Required Bufferyard Opacity Values | ||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Apply the required opacity value from this Figure to Figure 18-133(c) and select the most appropriate bufferyard option. Note that certain land uses, conditional uses, and planned development projects may have more stringent bufferyard requirements. | Abutting Property’s Zoning District: | |||||||||||||||||||
RH-35 | SR-2 | SR-3 | SR-4 | SR-6 | TR-6 | MR-12 | MR-24 | MH-8 | NMU | CMU | UMU | DMU | CD | RD | IP | LI | GI | PD | ||
Subject Property’s Zoning District: | Rural Holding (RH-35) | |||||||||||||||||||
Single Family Residential (SR-2) | 0 | |||||||||||||||||||
Single Family Residential (SR-3) | 0 | 0 | ||||||||||||||||||
Single Family Residential (SR-4) | 0 | 0 | 0 | |||||||||||||||||
Single Family Residential (SR-6) | 0 | 0 | 0 | 0 | ||||||||||||||||
Two Family Residential (TR-6) | 0 | 0 | 0 | 0 | 0 | |||||||||||||||
Multi-Family Residential (MR-12) | 0 | .4 | .4 | .4 | .4 | .4 | ||||||||||||||
Multi-Family Residential (MR-24) | 0 | .5 | .5 | .5 | .4 | .4 | 0 | |||||||||||||
Mobile Home Residential (MH-8) | 0 | .5 | .5 | .5 | .4 | .4 | .2 | .2 | ||||||||||||
Neighborhood Mixed Use (NMU) | 0 | .4 | .4 | .4 | .4 | .4 | .3 | .3 | .2 | |||||||||||
Community Mixed Use (CMU) | 0 | .5 | .5 | .5 | .5 | .5 | .4 | .4 | .4 | 0 | ||||||||||
Urban Mixed Use (UMU) | 0 | .4 | .4 | .4 | .3 | .3 | .2 | .2 | .2 | 0 | 0 | |||||||||
Downtown Mixed Use (DMU) | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | ||||||||
Campus Development (CD) | * | * | * | * | * | * | * | * | * | * | * | * | * | |||||||
Research and Development (RD) | 0 | .4 | .4 | .4 | .4 | .4 | .3 | .3 | .3 | 0 | 0 | 0 | 0 | 0 | ||||||
Industrial Park (IP) | 0 | .6 | .6 | .6 | .6 | .6 | .5 | .5 | .5 | .4 | .4 | .4 | .4 | .4 | .3 | |||||
Light Industrial (LI) | 0 | .7 | .7 | .7 | .7 | .7 | .6 | .6 | .6 | .6 | .5 | .5 | .4 | .4 | .4 | .3 | ||||
General Industrial (GI) | 0 | .8 | .8 | .8 | .8 | .8 | .8 | .8 | .8 | .6 | .6 | .6 | .6 | .6 | .6 | .4 | .2 | |||
Planned Development (PD) | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | ||
*Note: Per the conditions of the Conditional Use Permit or the requirements of the Campus Master Plan. | ||||||||||||||||||||
Side Note: Figure 18-133(b) above is a chart to help find the required opacity value for the subject property. Find the intersecting opacity value between the subject property, left side column and the abutting property, top row. Continue to Figure 18-133(c) to determine the minimum bufferyard requirements. |
Figure 18-133(c): Detailed Bufferyard Requirements | |||
|---|---|---|---|
Opacity | Minimum Bufferyard Width Measured from the Property Line (feet) | Minimum # Landscape Points per 100 Lineal Feet of Abutting Property | Required Structure |
0.1 | 3+ | 20 | N/A |
0.2 | 3+ | 0 | 6’ solid fence |
3+ | 80 | N/A | |
0.3 | 3+ | 0 | 6’ solid fence |
3+ | 100 | N/A | |
0.4 | 5+ | 40 | 6’ solid fence |
5+ | 120 | N/A | |
0.5 | 10+ | 60 | 6’ solid fence or berm |
10+ | 160 | N/A | |
0.6 | 15+ | 80 | 6’ solid fence or berm |
15+ | 200 | N/A | |
0.7 | 20+ | 100 | 6’ solid fence or berm |
20+ | 220 | N/A | |
0.8 | 25+ | 150 | 6’ solid fence or berm |
50+ | 300 | N/A | |
1.0 | 50+ | 300 | 6’ solid fence or berm |
50+ | 600 | N/A | |
Side Note: Figure 18-133(c) above is a chart to help calculate the minimum bufferyard requirements. First locate the appropriate opacity value in the left column that was established by intersecting the subject property and the abutting property in Figure 18-133(b). The next column is the minimum bufferyard width measured perpendicular from the property line (the use of the bufferyard area is described in Section 18-133(4)). The third column is the minimum required landscape points per 100 lineal feet of abutting property eligible for buffering. The fourth column indicates whether or not a structure is required as part of the bufferyard. |
§ 18-134 Classification of plant species.
[Ord. No. 1240, 11-30-2012; Ord. No. 1265, 2-11-2014]
Species suitable for landscaping and compatible with local climate and soil factors are listed below. However, this list is not intended to be exhaustive, and the Zoning Administrator shall review proposals for the applicability of species not listed and is authorized to approve appropriate similar species. See Figure 18-134(b) for a list of species that are prohibited in the City of Marshfield. The following are examples of acceptable landscape species based on classification:
(1)
Large deciduous trees (40 points): Maple (Red, Sugar, Hybrid), Birch (River, Paper), Linden (Basswood: American, Redmond, Little Leaf), Elm (Hybrids; New Horizon, Regal, Discovery, Valley Forge), Oak (White, Red, Bur, Pin, Swamp-White), Thorn-less Honey Locust (Skyline, Sunburst, Imperial, Shademaster), Hackberry, Gingko (Male cultivars: Autumn Gold, Princeton Sentry).
(2)
Coniferous trees (40 points): Pine (White, Red, Scotch, Ponderosa), Fir (Balsam, Concolor), Spruce (White, Black Hills, Colorado, Norway), American Larch, Hemlock (Canadian).
(3)
Medium/ornamental deciduous trees (20 points): Flowering Crabapples, Serviceberry (tree form), Thornless Hawthorn, Ironwood/Hophornbeam, Amur Chokecherry, European Mountain Ash, Callery Pear, Schubert Chokecherry, Nannyberry Viburnum (tree form), Japanese Tree Lilac.
(4)
Large shrubs (5 points): Juniper (Red Cedar), Arborvitae, Yew, Viburnum (Arrowwood, Warfaring Tree, Nannyberry, Cranberry), Dogwood (Gray, Pagoda, Red Twig), Chokecherry, Hydrangea, Lilac.
(5)
Small shrubs (3 points): Horizontal Growing Junipers (Sergeant, Broadmoor, Andorra), Compact yew, Bird’s Nest Spruce, Ninebark, Azalea, Spirea, Potentilla, Bush Honeysuckle.
(6)
Perennial plants (1 point per gallon pot): Coneflower, Catmint, Black-Eyed Susan, Lily, Daylily, Ornamental Grass, Lady’s Mantel, Columbine, Aster, Jack Frost, Blazing Star, Black Bugbane, Peony, Pachysandra, Stonecrops, Astilbe, Hosta.
Figure 18-134(a): Landscape Points | |||
|---|---|---|---|
Plant Category | Landscape Points Per Plant | Minimum Permitted Installation Size | Maturity Size |
Large Deciduous Tree | 40 | 2” Caliper | 30’ + |
Coniferous Tree | 40 | 5’ Tall | - |
Medium/Ornamental Deciduous Tree | 20 | 5’ Tall | < 30’ |
Large Shrub | 5 | 18” Tall | 4’ + |
Small Shrub | 3 | 12” Tall | < 4’ |
Perennial Plants | 1 | 1 Gallon Pot | - |
Side Note: Figure 18-134(a) above is a chart to that defines the number of points per plant category, and minimum installation size/maturity growth to differentiate between large and small species. |
Figure 18-134(b): Species that are Prohibited | ||||
|---|---|---|---|---|
Classification | Common Name | Scientific Name | Prohibited | Reason |
Large Deciduous Tree | Non-resistant elms | Ulmus spp. | Prohibited | Dutch Elm Disease |
Large Deciduous Tree | Boxelder | Acer negundo | Prohibited | Structurally Unstable |
Large Deciduous Tree | Silver Maple | Acer saccharinum | Prohibited | Structurally Unstable |
Large Deciduous Tree | Norway Maples | Acer platanoides | Prohibited | Invasive |
Large Deciduous Tree | Ash trees | Fraxinus spp. | Prohibited | Emerald Ash Borer |
Large Deciduous Tree | White Poplar | Populus alba | Prohibited | Invasive |
Medium/Ornamental Deciduous Tree | Russian Olive | Elaeangnus Angustifolia | Prohibited | Invasive |
Medium/Ornamental Deciduous Tree | Bradford pears | Pyrus calleryana “bradford” | Prohibited | Structurally Unstable |
Medium/Ornamental Deciduous Tree | White mulberry | Morus alba | Prohibited | Invasive |
Medium/Ornamental Deciduous Tree | Amur Maple | Acer ginnala | Prohibited | Invasive |
Large Shrub | Buckthorn | Rhamnus cathartica | Prohibited | Invasive |
Large Shrub | Autumn-olive | Elaeagnus umbellata | Prohibited | Invasive |
Large Shrub | Multiflora rose | Rosa multiflora | Prohibited | Invasive |
Large Shrub | Japanese spirea | Spiraea japonica | Prohibited | Invasive |
Large Shrub | Burning bush | Euonymus alatus | Prohibited | Invasive |
Large Shrub | Honeysuckle | Lonicera spp. | Prohibited | Invasive |
Small Shrub | Japanese Barberry | Berberis thunbergii | Prohibited | Invasive |
Small Shrub | Winter creeper euonymus | Euonymus fortunei | Prohibited | Invasive |
Coniferous Tree | Austrian pine | Pinus nigra | Prohibited | Disease problems |
Side Note: Figure 18-134(b) above is a chart to that list all prohibited species which may not be included as part of any landscape plan that is subject to City review per Section 18-132. The purpose of this provision is to limit the planting of species that are invasive, have invasive tendencies, that may cause public safety issues or that may perpetuate or spread disease. This list was prepared using the United State Department of Agriculture list for invasive plants of Wisconsin, 2012. |
§ 18-136 Installation guidelines.
[Ord. No. 1240, 11-30-2012; Ord. No. 1265, 2-11-2014]
(1)
Installation. Any and all landscaping and bufferyard material required by the provisions of this Chapter shall be installed on the subject property, in accordance with the approved site plan within 365 days of the issuance of an occupancy permit or similar approvals for new additions for any new construction on the subject property, unless a conditional use is approved to allow for greater than 365 days.
(2)
Surety.
(a)
If the subject property is to be occupied prior to the installation of all required landscape plants and bufferyard material, the City may require the property owner to sign an instrument agreeing to install the required landscaping within the 365 day period. If required, the property owner and shall submit to the City an irrevocable letter of credit or other form of security that is acceptable by the City sufficient to guarantee completion of the work. Such security shall be provided by the property owner at the time that the agreement is signed. It shall be in a minimum amount equal to 110 percent of the estimated actual cost for all of the required landscape elements of the approved on the site plan and shall specifically guarantee that all such elements shall be made and installed as approved on the site plan. The costs of the work shall be furnished by the property and shall be verified by the City. The financial security shall remain in force until all of the work has been completed and approved by the City. This agreement shall also contain a statement indicating that the property owner’s failure to comply with the requirements of the terms of the agreement will constitute a violation of the Chapter and subject the property owner to a forfeiture upon conviction.
(b)
If the required landscape plants and bufferyard materials are to be installed during different phases of a subdivision development, the developer may furnish for each phase financial security in an amount sufficient to guarantee completion of the required landscaping and bufferyard work performed during a particular phase, unless required otherwise.
(c)
If the property owner is a governmental unit, it may, in lieu of signing an agreement and furnishing a guarantee and file a resolution or letter from officers authorized to act in its behalf, agreeing to comply with the provisions of this Article.
(3)
All remaining portions of the site not covered by buildings, parking areas or landscape plants shall be graded and seeded or sodded with turf grass or native ground cover unless such vegetation is already fully established.
(4)
The placement of plants and structures shall be depicted on the landscape planting plan submitted to the City for its approval. Such plant and structure location shall be the decision of each property owner provided the required landscape materials be selected or located in a manner that does not result in the creation of a safety or visibility hazard.
(5)
A property owner may establish through a written agreement, recorded with the Register of Deeds that an abutting property owner agrees to provide on the immediately abutting portion of his or her land a partial or full portion of the required landscaping, thereby relieving the developer of the responsibility of providing the entire landscaping on his property. An abutting property may also agree to wave any portion of the required bufferyard, thereby relieving the developer from that portion of the required landscape with a written agreement, recorded with the Register of Deeds and copies of the agreement provided to the City.
(6)
Maintenance. The continual maintenance of all required landscape materials shall be a requirement of this Chapter and shall be the responsibility of the owner of the property on which said materials and plants are required. This requirement shall run with the property and shall be binding upon all future property owners. Development of any or all property following the effective date of this chapter shall constitute an agreement by the property owner to comply with the provisions of this Article. If the property owner fails to comply with these provisions, the City may enter upon the property for the purpose of evaluating all required landscape materials, and may specially assess the costs thereof against the property. A property owner’s failure to comply with this requirement shall also be considered a violation of this Chapter, and shall be subject to any and all applicable enforcement procedures and penalties.