Oxford City Zoning Code
CHAPTER 1148
Landscaping and Tree Preservation
1148.01 PURPOSE.
The purposes of the landscaping and tree preservation standards outlined in this chapter are to promote clean air quality; to reduce noise, heat and glare; to improve surface drainage and minimize flooding; to provide visual buffers; to beautify and enhance both improved and undeveloped areas; to advance the aesthetic quality of the community; to maintain property values and the quality of life in the City; and to promote the public health, safety and welfare through new plantings as well as preservation of existing vegetation, especially established areas of mature vegetation. The regulations included in this chapter are also intended to prevent the complete deforestation of lands with the wanton removal of trees. As a recognized "Tree City USA" community by the national Arbor Day Foundation, the City of Oxford demonstrates adherence to core standards of sound urban forest management, thus promoting a greener, healthier community.
(Ord. 3558. Passed 5-5-20.)
1148.02 APPLICABILITY.
Except as provided by this section, all property that is being developed within the City is subject to the requirements of this chapter. The following lots, uses and situations shall be exempt from compliance with this chapter:
(a) Lots used for single-family, two-family or three-family dwellings, where initial construction of the unit(s) has been completed are exempt. In cases where an existing single-, two- or three-family dwelling has been demolished, the requirements of this chapter shall apply when any new dwelling unit is constructed. All landscaping requirements found herein shall apply individually to lots within new subdivisions until issuance of a Certificate of Code Compliance, however such lots shall continue to be bound by all other requirements and conditions as may be related to approval of the subdivision.
(b) Any lot within the UP Uptown District is exempt. However, this does not exempt parking areas on private property from complying with the landscaping provisions of Chapter 1149.
(c) Golf courses, parks, playgrounds, and similar types of uses are exempt.
(d) Expansions or alterations to developments which do not constitute a "substantial expansion" are exempt. Should one of the criteria for a substantial expansion outlined below be met, the entire site must come into conformance with the provisions of this chapter. A substantial expansion is hereby defined as:
(1) An expansion to a building that is fifty percent (50%) or greater when the combined floor area of the existing structure(s) is less than 1,000 square feet; or
(2) An expansion to a building that is forty percent (40%) or greater when the combined floor area of the existing structure(s) is greater or equal to 1,000 square feet and less than 10,000 square feet; or
(3) An expansion to a building that is thirty percent (30%) or greater when the combined floor area of the existing structure is greater than or equal to 10,000 square feet and less than 25,000 square feet; or
(4) An expansion to a building that is twenty percent (20%) or greater when the combined floor area of the existing structure(s) is greater than or equal to 25,000 square feet and less than 50,000 square feet; or
(5) An expansion to a building that is ten percent (10%) or greater when the combined floor area of the existing structure(s) is greater than or equal to 50,000 square feet.
(Ord. 3558. Passed 5-5-20.)
1148.03 STREET TREE REQUIREMENT.
Trees shall be planted in the tree lawn or other appropriate areas in street rights-of-way as required in Chapter 935 of the City of Oxford Codified Ordinances, subject to the discretion of the City Engineer or other applicable authority for changes in the public right-of-way. Trees planted in the tree lawn shall be installed by the applicant requesting development approval and maintained in good condition until project construction is complete.
(Ord. 3558. Passed 5-5-20.)
1148.04 TREE PLANTING REQUIREMENTS.
(a) Development sites, defined as all property contained within one or more parcels to be developed exclusive of existing right-of-way, shall be landscaped with trees and ground cover and shall comply with the standards of this section as applicable.
(b) Residential Single-, Two- and Three-Family Standards
(1) On single-family lots, a minimum of one (1) tree shall be planted within the required front yard area.
(2) On two-family lots, a minimum of one (1) tree for each unit shall be planted within the corresponding required front yard area.
(3) On three-family lots, a minimum of two (2) trees shall be planted within the required front yard area.
(c) Nonresidential and Residential Multi-Family Standards.
(1) Overall Site Trees. A minimum of one (1) tree for every ten (10) feet of linear lot frontage on a public street right-of-way shall be provided on the development site. However in the case of corner lots with frontage on two public streets, the amount of required trees shall be calculated based only on the street with the longest frontage.
(2) Front Yard Trees. A minimum of one (1) tree for every twenty five (25) feet of linear lot frontage on a public street right-of-way shall be provided within the required front yard area; such trees may contribute toward fulfilling the overall site planting requirement specified in subsection (1) above. In the case of corner lots with frontage on two public streets, the amount of required trees shall be calculated based only on the street with the longest frontage.
(3) Parking Area Trees. Trees in parking lot areas as may be required by Section 1149.05(e)(6) may also contribute toward fulfilling the overall site planting requirement specified in subsection (1) above, but shall not count toward fulfilling subsection (2) above.
(d) Upon planting, each required tree shall be a minimum two (2) inch caliper and must be a species that appears on the City's Tree List or is deemed by the Zoning Administrator (or his/her designee) to be an acceptable species for the location.
(e) Each existing tree meeting the standards for minimum caliper and placement that is preserved may be counted as one (1) required tree, and each existing tree that is ten (10) inches or greater in diameter at breast height (DBH) may be counted as two (2) required trees, provided that any such trees are documented in accordance with Section 1148.05(b) below.
(f) Any dead or severely diseased trees used to fulfill these regulations shall be replaced at the request of the Zoning Administrator.
(Ord. 3558. Passed 5-5-20.)
1148.05 TREE PRESERVATION REQUIREMENTS.
(a) Tree Replanting.
(1) All existing trees ten (10) inches DBH or greater in size shall be replaced at a rate of one (1) inch caliper for every two (2) inches caliper removed, except as provided in subsection (a)(2) below.
(2) The following trees shall be exempted from required planting:
A. Trees within future public rights-of-way or private accessways;
B. Trees within the building footprint of proposed structures or within fifteen (15) feet from the perimeter of such structures;
C. Trees that are damaged, diseased, over-mature, interfere with utility lines, or are an inappropriate or undesirable species for that specific location;
D. Trees removed for a stormwater retention pond or detention basin;
E. Trees within five (5) feet of hard-surfaced parking areas, driveways, or walkways;
F. Trees that pose potential danger to life or property;
G. Trees removed for necessary utility installations or are within utility easements;
H. For individual single-family lots, all trees within the front and side yards.
(3) Each replanted tree shall be a minimum two (2) inch caliper and must be a species that appears on the City's Tree List or is deemed by the Zoning Administrator (or his/her designee) to be an acceptable species for the location.
(4) Nothing prevents caliper inches planted to comply with the requirements of Section 1148.03 or Section 1148.04 from counting toward any tree replacements required by this section. The applicant shall be responsible for calculating how tree replacements are to be fully or partially compensated by required plantings.
(b) Documentation.
(1) General Requirements.
A. Existing trees with a DBH of ten (10) inches or greater shall be labeled on the applicable required site plan as either "To Be Removed" or "To Be Saved." Trees smaller than ten (10) inches DBH to be preserved and counted toward the site tree planting requirements of Section 1148.04 shall also be labeled.
B. Those trees that are labeled "To Be Saved" shall be protected from construction equipment through methods as depicted on the Tree Protection Detail in Attachment H or through means found acceptable to the Zoning Administrator or designee.
C. Clearing limits are to be marked and fenced off in the field according to such plans before construction or clearing can begin.
(2) Tree Survey.
A. A tree survey shall be required for nonresidential and multi-family developments, as well as all Major Subdivisions.
B. The tree survey shall document the location, DBH, and species for each individual tree, except as provided in subsection (b)(2)C. below. The Zoning Administrator may, at his/her discretion, accept estimations of these details for heavily wooded areas or sites over one (1) acre. In considering estimates, the Zoning Administrator may allow the use of techniques such as site photographs, aerial photographs, site visits, or survey sampling.
C. The tree survey need not account for the following areas:
2. For developments that are not Major Subdivisions: Areas of the development property more than one hundred (100) feet away from the nearest proposed structure/improvement that in the judgment of the Zoning Administrator are a reasonably safe distance away from the area to be impacted/disturbed by construction activities; and
3. For Major Subdivisions: Areas that are delineated on the applicable site plan and proposed to be legally protected in perpetuity. The burden shall be on the applicant to demonstrate how trees within such identified areas are to be permanently preserved, excepting removal of dead or invasive vegetation which shall be allowed in all instances. One or more of the following methods shall be utilized:
a. A duly executed and recorded conservation easement to be held by a qualified organization approved by the City; or
b. A set of covenants and restrictions corresponding to a conservation area clearly delineated on the record plat, or delineated and described through means of a separate legal instrument.
D. Any area designated for conservation pursuant to Section 1148.05(b)(2)C.3. above that is disturbed in a manner contrary to the agreed upon restrictions shall be subject to the surveying and replanting requirements of this chapter. In such cases, the applicant shall compensate the City for the loss of protected trees either by replanting as applicable and/or paying in-lieu fees in accordance with Section 1148.06 below.
(Ord. 3558. Passed 5-5-20.)
1148.06 IN-LIEU FEE OPTION.
For cases involving discretionary approval by a public body (i.e. Major Subdivisions, Planned Developments and Conditional Uses) or Landscape Plan Review, an agreement may be made to accept funds into the City's planting program in-lieu of up to fifty percent (50%) of the total number of trees to be planted as required by Section 1148.04 and/or replanted as required by Section 1148.05. The total amount of funds shall be based upon the latest Fee Ordinance adopted by City Council, as may be applicable.
(Ord. 3558. Passed 5-5-20.)
1148.07 REVIEW PROCEDURES.
(a) Discretionary Review. For cases involving discretionary approval by a public body (i.e. Major Subdivisions, Planned Developments and Conditional Uses), the procedures as required within respective chapters of this Zoning Code shall be followed.
(b) Administrative Review. For cases not involving discretionary approval by a public body, the Zoning Administrator or designee shall have the authority to administer the regulations of this chapter, as well as to make interpretations in applying the standards of this chapter.
(c) Landscape Plan Review.
(1) Landscape Plan Review is provided as an alternate review process to achieve compliance with the provisions of this chapter. This process is available to all development projects that would normally be subject to subsection (b) above.
(2) The Planning Commission shall serve as the approving authority for Landscape Plan Review. A majority vote is required to approve.
(3) The Zoning Administrator may, at any time, consult the Planning Commission in making a determination on a plan's compliance with the standards of this chapter, and thus has the ability to require Landscape Plan Review for any development project to which this chapter is applicable per Section 1148.02.
(4) An applicant/developer also has the right to request in writing a Landscape Plan Review by the Planning Commission, either to accommodate an alternative landscape site design which does not strictly adhere to the standards of this chapter, or to appeal the Zoning Administrator's application or interpretation of the standards of this chapter.
(5) In conducting Landscape Plan Review in accordance with the criteria outlined in subsection (6) below, the Planning Commission shall have the ability to waive or modify any numerical regulations of this chapter.
(6) Decision Criteria. The Planning Commission shall utilize the following criteria in making a determination on whether to approve or deny a Landscape Plan:
A. The proposed plan embodies the overall spirit and intent of this chapter and adheres to the general purposes as stated;
B. The proposed plan demonstrates careful planning of buildings, uses, and all other development components in a way that is as harmonious as possible with existing natural features and resources; and
C. The proposed plan would result in a more attractive visual appearance and result in a greater prevalence of trees and vegetation than the present conditions.
(Ord. 3558. Passed 5-5-20.)