The purpose of this chapter is to establish standards for required landscaping and screening under the UDC to improve the appearance and visual character of the community, promote compatibility between land uses, encourage the retention and utilization of existing vegetation, and preserve and enhance the livability of the City.

(Prior Code, § 807.001; Ord. No. 31-13)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Caliper means the diameter of a tree trunk measured one foot above ground level. If a tree is of a multi-trunk variety, the caliper of the tree is the average caliper of all of its trunks.

Ground cover means living plant species which normally reach a height of less than three feet at maturity, planted in such a manner so as to form a continuous cover over the ground.

Landscaped area means the area of a development site that is required to be landscaped as provided under this chapter.

Landscaping means a combination of living plants, such as trees, shrubs, vines, ground covers, flowers, and grass; natural features such as streams, wetlands, rocks, stone, bark chips and shavings; and structural features, including, but not limited to, fountains, reflecting pools, outdoor art work, screen walls, fences, arbors, and benches.

Mature tree means:

(a)

A healthy tree of ten inches dbh or greater;

(b)

A significant tree, as defined under SRC chapter 808;

(c)

A heritage tree, as defined under SRC chapter 808; or

(d)

A grouping of three or more four-inch dbh or greater evergreen or hardwood trees.

Ornamental tree means a relatively low growing deciduous or evergreen tree typically reaching a height of 15 to 20 feet which usually provides color due to its flowers, leaves, or fruit (berries).

Shade tree means a deciduous tree, or, in rare occasions, an evergreen tree, planted primarily for its high crown of foliage or overhead canopy.

Shrub means a deciduous or evergreen woody plant, smaller than a tree, which consists of a number of small stems from the ground or small branches near the ground.

(Prior Code, § 807.005; Ord. No. 31-13)

The provisions of this chapter apply to all required landscaping and screening under the UDC.

(Prior Code, § 807.010; Ord. No. 31-13)

Unless otherwise provided under the UDC, required landscaping and screening shall conform to the standards set forth in this section.

(a)

Landscaping types. Required landscaping shall be provided according to one of the landscaping types set forth in Table 807-1. Where landscaping is required under the UDC without a reference to a specific landscaping type, the required landscaping shall meet the Type A standard.

(b)

Plant materials and corresponding plant unit values. Plant materials, their corresponding minimum plant unit values, and minimum plant material size at time of planting for landscaping within required landscaped areas are set forth in Table 807-2. A minimum of 40 percent of the required number of plant units shall be a combination of mature trees, shade trees, evergreen/conifer trees, or ornamental trees. Plant materials shall provide for a minimum 75 percent coverage of required landscaped areas within five years.

(c)

Preservation of existing trees and vegetation. The preservation of existing trees and vegetation is encouraged. If preserved, existing trees as defined under SRC chapter 808, existing trees less than ten inches dbh, and existing vegetation may be utilized to satisfy required landscaping if they conform to the minimum plant unit requirements specified in this chapter.

(d)

Tree replanting requirements. In addition to the landscaping required under this chapter, when existing trees, as defined under SRC chapter 808, are proposed for removal from within required setbacks or from a development site, replanting shall be required as provided in this subsection. The provisions of this subsection do not apply to lots used for single family uses, two family uses, three family uses, four family uses, or cottage clusters.

(1)

Removal of trees within required setbacks. When an existing tree or trees, as defined under SRC chapter 808, within a required setback are proposed for removal, two new trees shall be planted for each tree removed. Replanted trees shall be of either a shade or evergreen variety with a minimum 1.5 inch caliper.

(2)

Removal of trees from development site. When more than 75 percent of the existing trees, as defined under SRC chapter 808, on a development site are proposed for removal, two new trees shall be planted for each tree removed in excess of 75 percent. Replanted trees shall be of either a shade or evergreen variety with a minimum 1.5 inch caliper. For purposes of this section, existing trees within vision clearance areas, or within areas to be cleared for required roads, utilities, sidewalks, trails, or stormwater facilities, shall not be counted in the total percentage of trees removed from the development site.

(e)

Screening standards. Unless otherwise provided under the UDC, where screening is required in the form of a fence, wall, or landscaping, it shall conform to the following standards:

(1)

Height. Fences and walls shall be a minimum of six feet in height. Landscaping shall be of a species that will attain a height of at least six feet within three years after planting.

(2)

Opacity. Screening shall be sight-obscuring. Fences, walls, and landscaping shall be at least 75 percent opaque when viewed from any angle at a point 25 feet away from the fence, wall, or landscaping. Landscaping shall be of an evergreen species that will attain required opacity within three years after planting.

(3)

Maintenance. Fences and walls shall be maintained in safe condition, and shall be maintained as opaque. Landscaping shall be replaced within six months after dying or becoming diseased to the point that required opacity can no longer be maintained.

(f)

Berm. Unless otherwise provided under the UDC, where screening is required in the form a berm, the berm shall be an earthen mound no less than three feet in height above the existing grade, and shall be constructed with a slope no steeper than 3:1 on all sides. The berm shall be planted with plant materials to prevent erosion. The berm shall not alter natural drainage flows from abutting properties.

(g)

Street trees. Development adjacent to public streets shall provide street trees that meet the standards and specifications set forth in SRC chapter 86.

(Prior Code, § 807.015; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022)

(a)

Landscaping plan. A landscaping plan is required for all building permit applications for development subject to the landscaping requirements of this chapter and all landscaping permit applications required under subsection (b) of this section.

Landscaping plans shall be of a size and form established by the Planning Administrator, and shall include the following:

(1)

Scale and north arrow.

(2)

Lot dimensions and footprint of structure(s).

(3)

A legend indicating the linear footage of perimeter setbacks abutting a street or right-of-way; the linear footage of perimeter setbacks not abutting a street or right-of-way; total building square footage; total square footage of the interior area of the off-street parking area, calculated per SRC 806.035(d)(2); and total number of parking spaces.

(4)

The location and size of plant materials, identified by common and botanical names, and their expected coverage within five years.

(5)

The type and location of landscaping features other than plant materials, including, but not limited to, wetlands, creeks, ponds, sculpture, and benches.

(6)

Fence or wall materials, when screening is required under the UDC.

(7)

Abutting land uses.

(8)

The type, size, and location of:

(A)

Existing trees, as defined under SRC chapter 808, existing trees less than ten inches dbh, and vegetation that will be retained to satisfy landscaping requirements of this chapter.

(B)

Existing trees, as defined under SRC chapter 808, proposed for removal.

(9)

Notwithstanding subsection (a)(8) of this section, where the development site is heavily wooded, only those trees that will be affected by the proposed development need to be sited accurately. The remaining trees may be shown on the plan in the general area of their distribution.

(10)

An irrigation plan identifying the materials, size, and location of all components of the irrigation system.

(11)

A two-year plant establishment schedule for:

(A)

Landscaped areas where a permanent underground or drip irrigation system is not required because of the use of drought resistant vegetation; or

(B)

New vegetation located within stormwater facilities.

(b)

Landscaping permit.

(1)

Applicability. When development subject to the landscaping requirements is this chapter requires site plan review but a building permit application is not otherwise required, a landscaping permit as provided in this subsection shall be required.

(2)

Procedure type. A landscaping permit is processed as a Type I procedure under SRC chapter 300.

(3)

Submittal requirements. In lieu of submittal requirements for a Type I application under SRC chapter 300, an application for a landscaping permit shall include the following:

(A)

A completed application form containing the following information:

(i)

The names and addresses of the applicant(s), the owner(s) of the subject property, and any authorized representative(s) thereof;

(ii)

The address or location of the subject property and its assessor's map and tax lot number;

(iii)

The size of the subject property;

(iv)

The comprehensive plan designation and zoning of the subject property;

(v)

The type of application;

(vi)

A brief description of the proposal; and

(vii)

Signatures of the applicant(s), owner(s) of the subject property, and/or the duly authorized representative(s) thereof authorizing the filing of the application; and

(B)

A landscaping plan in conformance with subsection (a) of this section.

(4)

Criteria. A landscaping permit shall be approved if the application meets all the applicable landscaping and irrigation standards set forth in this chapter.

(Prior Code, § 807.020; Ord. No. 31-13; Ord. No. 13-21, § 1(Exh. A), 2-14-2022; Ord. No. 7-23, § 1(Exh. A), 11-27-2023)

Editor's note— Ord. No. 13-21, § 1(Exh. A), adopted Feb. 14, 2022, changed the title of § 807.020 from "Landscaping plan" to read as herein set out.

All plant materials shall be, upon installation, vigorous and well-branched, with healthy and well-furnished root systems free of disease, insects, pests, and injuries.

(Prior Code, § 807.025; Ord. No. 31-13)

Trees used to meet the landscaping requirements set forth in this chapter shall be protected during construction as provided under SRC chapter 808.

(Prior Code, § 807.030; Ord. No. 31-13)

(a)

Landscaping shall be installed at the time of construction, unless seasonal conditions or temporary site conditions make installation impractical; in which case, an acceptable performance guarantee to ensure installation of the landscaping shall be provided as set forth in SRC 807.050.

(b)

Landscaping shall be installed in a manner that conforms to the standards of the American Association of Nurserymen, Inc.

(Prior Code, § 807.035; Ord. No. 31-13)

(a)

A permanent underground or drip irrigation system with an approved backflow prevention device shall be provided for all landscaped areas required under the UDC; provided, however, a permanent underground or drip irrigation system is not required for:

(1)

Existing healthy vegetation that has been established for at least two years and that is being preserved to meet the landscaping requirements under this chapter;

(2)

New vegetation that is drought resistant, in which case a two-year plant establishment schedule shall be provided with the landscaping plan describing the amount of water to be applied over a two-year time period and how that water will be distributed to the plant material; and

(3)

New vegetation located within stormwater facilities as required by the Public Works Design Standards, in which case a two-year plant establishment schedule shall be provided with the landscaping plan describing the amount of water to be applied over a two-year time period and how that water will be distributed to the plant material.

(b)

Wherever feasible, sprinkler heads irrigating lawns or other high-water-demand landscape areas shall be circuited so that they are on a separate zone or zones from those irrigating trees, shrubbery, or other reduced-water-requirement areas.

(Prior Code, § 807.040; Ord. No. 31-13)

(a)

The owner and tenant shall be jointly and severally responsible for maintaining all landscaping material in good condition so as to present a healthy, neat, and orderly appearance.

(b)

Unhealthy or dead plant materials shall be replaced in conformance with the approved landscape plan.

(Prior Code, § 807.045; Ord. No. 31-13)

(a)

Planting and installation of all required landscaping shall be inspected and approved prior to the issuance of a certificate of occupancy; provided, however, a certificate of occupancy may be issued prior to the complete installation of all required landscaping if a performance guarantee equal to 100 percent of the cost of plant materials and labor, as determined by the Planning Administrator, is filed with the City assuring such installation within 12 months after the certificate of occupancy is issued.

(b)

A performance guarantee shall consist of a surety bond, cash, certified check, time certificate of deposit, an irrevocable letter of credit, or assignment of savings account in a form approved by the City Attorney and recorded in the deed records of the appropriate county.

(c)

If the installation of the required landscaping is not completed within the specified period, the performance guarantee may be used by the City to complete the installation. Upon completion of the installation, any portion of the remaining security deposited with the City shall be returned. The final landscape inspection shall be made prior to any security being returned. Any portions of the plan not installed, not properly installed, or not properly maintained shall cause the inspection to be postponed until the project is completed or cause the security to be used by the City to complete the project.

(Prior Code, § 807.050; Ord. No. 31-13)

Unless otherwise provided under the UDC, when special circumstances or exceptional site characteristics are applicable to a property, the landscaping requirements of this chapter may be modified through a Class 3 site plan review, pursuant to SRC chapter 220, upon finding that one of the following criteria is met:

(a)

The proposed landscaping meets the intent of providing a buffer between adjacent uses of differing character;

(b)

The proposed landscaping incorporates the increased retention of mature tree(s);

(c)

The proposed landscaping provides protection for wildlife habitat and existing native vegetation and plant materials maintained in a natural state; or

(d)

The proposed landscaping incorporates elements to maintain solar access or provides for wind protection.

(Prior Code, § 807.055)