The intent and purpose of the landscape Chapter is to encourage the use of plant and other landscape materials.

A.

Enhance the quality and appearance of developed properties and to maintain and improve the visual integrity of the City;

B.

Visually soften the hard architectural lines of buildings, reduce perceived building scale, and frame scenic views;

C.

Minimize the visual impact of paved areas, off-street parking areas, screen unsightly equipment, materials, and views, and to buffer uncomplimentary land uses;

D.

To ensure the preservation and/or replenishment of trees native to the region;

E.

To promote sound environmental conditions by providing shade, air purification, oxygen regeneration, ground water recharge, decrease stormwater runoff, and the abatement of noise, light, and heat pollution.

(Ord. 3404, 2021)

The provisions of this Chapter shall apply to all new development and to expansions or modifications of existing development as specifically outlined in this Chapter. All landscaping, buffering and site design features required by this Chapter and previous regulations shall be continuously maintained according to the standards of this Chapter. "The American Standard for Nursery Stock," as published by the American Association of Nurserymen and incorporated by reference herein, shall be referred to in determining the applicability of the definitions in this Chapter.

(Ord. 3404, 2021)

A.

A landscape plan shall be submitted in support of a site plan, preliminary development plan for commercial, office, institutional, and multifamily residential developments, or and preliminary plats or final plats when a preliminary plat is not required, for single-family residential subdivisions with tracts and/or lots abutting designated major streets for substantial new construction. All land areas which are not to be paved or covered by buildings shall be brought to finished grade and planted with turf or native grass or other appropriate landscape materials as specified in this Chapter.

B.

In addition to the minimum number of trees to be planted, as set forth in this Chapter, the appropriate number or amount of shrubs, ground cover, and/or turf area plantings that shall be included within each project shall be determined by design criteria as established by the Planning Commission relating to screening, visual safety, species used, and general landscape function.

C.

The following are exempt from the requirement of a landscape plan: submittal of a building permit for the construction or expansion of a single-family residential or duplex dwelling, and agricultural uses.

(Ord. 3404, 2021)

A.

A landscape plan is required pursuant to Section 17.57.130 for the following:

1.

Residential subdivisions with respect to public right-of-way, open space or utility tract landscaping;

2.

Multifamily residential uses;

3.

Planned unit developments;

4.

Commercial/Office/Institutional uses;

5.

Industrial uses.

B.

All landscape plans shall be submitted on separate drawing sheet(s) of a standard size (minimum twenty-four (24) inches × thirty-six (36) inches) and shall contain the following information:

1.

Project name, date, scale, north point and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan;

2.

The location, size, and surface of materials of all existing and proposed structures parking lots and drives, sidewalks, fences, property lines and curb lines of adjacent public and private streets;

3.

The location, size, and type of all aboveground and underground utilities, storm drainage systems, associated easements, pedestals, mechanical equipment, dumpsters, trash enclosures, structures, and other features as determined necessary by City staff, with proper notation, where appropriate, as to any safety hazards to avoid during landscape installation;

4.

The location, type, size and quantity of all proposed landscape materials, along with common and botanical names of all plant species. The size, grading, and condition shall be specified according to American Association of Nurserymen Standards;

5.

Landscape plans shall demonstrate that all minimum planting requirements have been met by including figures, calculations, and tables showing minimum quantities required and quantities provided;

6.

The location, size, and common name of all existing plant materials to be retained on the site. Procedures for preserving existing trees during construction shall be included with the landscape plan;

7.

Plant material shall be drawn to scale, shown at three-quarters mature size and called out on the plan by common name or appropriate key;

8.

Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection;

9.

The location of contours, at one-foot intervals, of all proposed berms;

10.

The location of irrigation systems, hose connections, spigots, and other watering sources;

11.

The location of all trees, twelve-inch caliper or larger measured at four and one-half (4½) feet above ground level that are proposed for removal.

(Ord. 3404, 2021)

A.

Landscaping shall be used to enhance the quality and appearance of the site, provide shade and stormwater management, and to implement the overall intent of this Chapter.

B.

Planting design shall coordinate appropriate new plant materials and other environment requirements with the climate, soil, orientation, water courses, existing vegetation, related natural resources, and manmade facilities.

C.

The overall quality of existing plant material shall be considered and treated in the planting design in a similar manner to new plant material.

D.

Service areas and facilities shall be screened from major points of pedestrian access of all buildings and from public rights-of-way.

E.

Ground-mounted mechanical equipment and utility cabinets and pedestals shall be screened from major points of pedestrian access of all buildings and from public rights-of-way.

F.

Plant materials shall be selected and arranged to prevent blocking or obscuring night lighting of pedestrianways at any stage of growth.

G.

Plantings at intersections or driveway entrances shall be arranged to allow a permanently clear, safe sight distance.

H.

Trees or shrubs shall not be planted under existing or planned above ground utility lines, unless their maximum growth height is fifteen (15) feet or less.

I.

Trees and shrubs shall not be placed over underground drainage facilities and shall be placed far enough away from the storm and sanitary sewers and water lines to avoid roots entering the lines.

J.

Where trees, shrubs, or other ornamental plants are located in areas of concentrated occupant activity, raised planting beds, permanent protective fences or tree guards adequate to minimize damage to plant materials shall be provided as appropriate.

K.

Boundary landscaping and/or berming may be required along all property lines.

L.

Earth berming and variations in topography are encouraged to be used as a component of the landscape.

M.

In order to promote diversity in the landscape and to minimize the spread of disease and harmful insects among trees, a multiple number of species (including both deciduous and evergreen species) shall be used in the landscape.

(Ord. 3404, 2021)

A.

Tree Species. All trees planted within the City shall be selected from an Approved Species List provided by the City. If a proposed tree species is not included on the list, City staff may administratively review the species for appropriateness.

B.

Single-family Residential Use Districts.

1.

One (1) street tree per forty (40) feet, or portion thereof, of street frontage, public or private, shall be required. In the event that it is not feasible to plant a street tree, City staff may administratively allow an alternative location for the required street tree.

2.

In addition to the required street trees based on street frontage, one (1) tree shall be required to be planted on-site for every dwelling unit.

C.

All Other Use Districts.

1.

One (1) street tree per forty (40) feet, or portion thereof, of street frontage, public or private, shall be required. In the event that it is not feasible to plant a street tree, City Staff may administratively allow an alternate location for the required street tree.

2.

In addition to the required trees based upon street frontage, sixteen (16) trees shall be required per acre of usable open space. These trees may include those planted to meet interior parking lot requirements of this chapter. Calculations to demonstrate compliance with this requirement shall be provided by the applicant on the landscape plan.

3.

Additional trees and shrubs shall be provided to meet site and screening requirements based on professional site design and analysis and customary planting treatments in the general locale. Trees and shrubs used to meet this screening requirement shall not count towards those required in Section 17.57.160.B.1., 2. of this Chapter.

D.

Common Tracts and Open Space. Existing trees shall be preserved to the maximum extent possible. Additional landscaping may be required to augment the existing vegetation and/or to screen adjacent uses and proposed utility uses within or adjacent to such tracts.

E.

Species Mix. When more than ten (10) trees are required to be planted to meet the standards of this chapter, a mix of species shall be provided to minimize the spread of disease and harmful insects in accordance with the following:

F.

Artificial Plants. No artificial plants or vegetation may be used to meet the requirements of this Chapter.

(Ord. 3404, 2021)

The planting and minimum size standards for all new plant material shall be as follows, except that the Planning Commission may modify these standards when unique conditions so dictate to allow a single larger, minimum four-inch caliper tree to be used in place of two (2) smaller, minimum two and one-half-inch caliper trees to meet the requirements of Section 17.57.260 of this Chapter, however, the overall number of trees shall not be reduced by more than twenty percent (20%) of the total number of trees as required by this Chapter.

A.

Medium and Large Deciduous Shade Trees. Two and one-half-inch caliper, as measured six (6) inches above the ground as specified by the American Association of Nurserymen;

B.

Small Deciduous or Ornamental Trees. One and one-half-inch caliper, as measured six (6) inches above ground as specified by the American Association of Nurserymen, with the exception of true dwarf species. Multi-trunked trees shall be one and one-half-inch caliper on the largest trunk and no less than three-quarters of an inch on the smallest trunk;

C.

Evergreen or Coniferous Trees. Five (5) to six (6) feet in height;

D.

Upright Evergreen Trees. Five (5) to six (6) feet in height as specified by the American Association of Nurserymen, except for true dwarf varieties;

E.

Shrubs (Deciduous and Evergreen, Including Spreader and Globe Tree Forms). Size should be sufficient to create an immediate visual impact, but at a minimum shall be eighteen (18) inches to twenty-four (24) inches height and/or spread;

F.

Perennials/Ornamental Grasses. One (1) gallon size container.

G.

Ground Cover. Crowns, plugs, or containers in a number and of a quality appropriate by species to provide a minimum of fifty percent (50%) coverage after the first full growing season and complete coverage at maturity;

H.

Sod. All residential primary yard areas and those areas disturbed during construction shall be sodded. Secondary yard areas that are not disturbed may be sodded, seeded, or maintained in a generally natural state, or covered with native grasses or other ground cover appropriate to the location and intended use to provide complete coverage within the first growing season. All disturbed areas of commercial, office, institutional and industrial projects shall be sodded unless otherwise approved for seeding by the Planning Commission.

A.

The intent of this section is to encourage interior landscaping within vehicular parking areas, to break up the large expanses of pavement, and to provide relief from the reflected glare and heat, as well as to guide vehicular and pedestrian traffic.

B.

All off street parking areas containing a double loaded aisle, or is at least sixty-five (65) feet in width shall be subject to the following minimum landscaping requirements. These requirements apply to all new development and to redevelopment of existing parking lots which result in an increase of twenty-five percent (25%) or greater of the number of spaces in the existing parking lot.

C.

Perimeter Landscaping.

1.

All parking areas shall provide a minimum parking setback as provided in Chapter 17.70 for use as a landscaped buffer. In addition, a minimum seven-foot side landscape buffer and a ten-foot rear landscape buffer shall be provided around the perimeter of the parking area.

2.

The perimeter landscape buffers shall be planted with a mixture of two (2) or more of the following plant materials; trees, shrubs, ornamental grasses, or ground cover. Not less than, one (1) tree and three (3) shrubs shall be planted per twenty-five (25) feet of parking lot frontage. One (1) tree may be planted in place of three (3) shrubs; however three (3) shrubs may not replace a required tree. Trees required to meet perimeter landscaping requirements for parking areas adjacent to public/private street rights-of-way may be counted to meet street tree requirements of this chapter.

3.

Within the TownSquare (TSQ) zoning district, the perimeter landscaping requirements may be modified at the discretion of the Planning Commission.

4.

Additional screening in the form of earthen berms, fencing, decorative walls, and/or additional landscape materials will be required adjacent to existing single family residential uses or for areas designated for single-family residential development as shown on the future land use guide of the City's comprehensive plan. Where fencing is required, landscaping may be required on both sides of the fence. In such instances gates shall be provided to allow for maintenance of these areas. Gate locations shall be shown on the required landscape plan.

5.

Additional landscaping may be required as determined by the Planning Commission.

D.

Interior Landscaping.

1.

Not less than six percent (6%) of the interior of a parking lot shall be landscaped. In some instances, more than six percent (6%) of the interior of a parking lot may be required to be landscaped as provided in Chapter 17.70.

2.

The applicant shall provide calculations on the landscape plan demonstrating compliance with this requirement.

3.

Interior landscaping areas shall consist of islands or peninsulas that project out into the pavement or are surrounded by pavement on at least three (3) sides.

4.

Interior landscaping areas shall be reasonably dispersed throughout the parking lots.

5.

Interior planting areas shall be provided at a rate of one (1) per every fifteen (15) parking spaces or portion thereof, and at all parking row end caps.

6.

The minimum planting area shall be one hundred sixty-five (165) square feet and shall have a minimum width of nine (9) feet.

7.

Planting areas shall be separated from parking areas, drive aisle, and streets with permanent curbs, or similar structural barriers in conjunction with approved stormwater quality facilities, to protect planting beds, contain mulch, and reduce erosion.

8.

Interior landscape areas shall be planted with a mixture of two (2) or more of the following plant materials: Trees, shrubs, ornamental grasses, or ground cover. However, the primary plant material shall be trees which provide shade or are capable of providing shade at maturity. Other plant materials are to be used to complement the trees, but shall not be the sole component of the landscaping.

9.

Planting that is required to meet the perimeter landscaping requirement shall not be considered as part of the interior landscaping requirement.

10.

Commercially zoned vehicle sales/display lots, industrial zoned vehicle/equipment storage lots, and multi-level parking structures shall be exempt from interior landscaping requirements.

E.

General.

1.

In those instances where plant material exists on a site prior to its development, such landscape material may be used if properly preserved in accordance with the provisions of this Chapter.

2.

No landscaping, tree, shrub, fence, wall or similar item shall be placed within the setback triangle at the intersection or driveway entrance off a public or private street, or in public right-of-way in such a manner that the City Traffic Engineer or his or her designee determines is an obstruction to visibility, extends into sight lines, or is a traffic hazard.

3.

River rock, high quality mulch, groundcover, or grass sod can be used within required landscape areas to augment the primary plant materials and to present a finished appearance, but it shall not be the primary component of the landscape areas. Grass sod and groundcovers shall be planted to provide complete coverage within the first growing season. When mulch is used, it shall be installed and maintained at a minimum depth of two (2) inches. Maintenance of these mulched areas shall include periodic raking, refreshing and/or replacement of the mulch and shall be kept free of weeds. Surrounding paved areas shall be kept clean as needed due to wind and water erosion.

(Ord. 3404, 2021)

A.

Trees, shrubs and other landscaping materials depicted on plans approved by the City shall be considered required elements of the project in the same manner as parking, building materials and other site details are elements of the project.

B.

The developer, its successor and/or subsequent land owners and their agents shall be responsible for the continued maintenance of the landscape to remain in compliance with all the requirements of this Chapter. Maintenance is also required in preserved tree stand areas.

C.

Plant material which exhibits evidence of insect pests, disease, and/or damage shall be appropriately treated and dead plants promptly removed and replaced within the next planting season.

D.

All landscaping will be subject to periodic inspection by the City's Community Development Director or his or her designee.

E.

Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan, the landowner shall be considered in violation of the terms of the site plan, building or occupancy permit. The code administrator or his or her designee is empowered to enforce the terms of this Chapter, subject to the provisions of Chapters 17.97 and 17.98 of this title.

(Ord. 3404, 2021)

Upon written request, the planning staff may grant an appeal administratively for single-family and duplex residences regarding the use of seed in place of sod in the following circumstances: for turf or ground cover blends not available in sod form, for lots greater than one (1) acre in size, or for wooded areas intended to be left in their natural state. In areas where the use of seed is approved, maintenance shall be provided so that complete coverage is accomplished with the first full growing season. Any other appeal to modify any of the requirements of this title shall be made to and at the discretion of the Planning Commission. Such appeals shall be approved by the Planning Commission only when it can be clearly demonstrated that the following conditions are evident:

A.

That the conditions unique to the particular property dictate a modification;

B.

That strict application of the provisions of this Chapter will result in unnecessary hardship to the applicant and/or property owner;

C.

That the modification will not adversely affect the rights of adjacent property owners nor the general public welfare; and

D.

That the modification will not be opposed to the general spirit of this Chapter.

(Ord. 3404, 2021)

The intent of this Chapter is to preserve and advance the aesthetic, economic, and environmental benefits of a high-quality urban forest, by protecting significant trees, and mitigating any unnecessary removal of trees.

The standards have the following objectives:

A.

To preserve the City's character by preventing indiscriminate removal or destruction of trees.

B.

To improve property values through implementation and management of street trees, and through maintaining an acceptable tree canopy over property.

C.

To increase the environmental performance of streetscapes and site design, recognizing the air quality, stormwater filtering and infiltration, habitat maintenance, and energy reduction benefits provided by mature trees.

D.

To establish and preserve the aesthetic and comfort afforded by trees to residents.

E.

To enhance compatibility of different projects with established buffers that mitigate impacts of development or other natural ambient condition.

F.

To retain high priority trees and limit unnecessary tree removal on redeveloped or undeveloped sites.

G.

To establish tree protection measures during development and reward tree protection efforts by flexible development standards.

H.

To preserve significant trees that are unique, native, possess exceptional aesthetic value, or otherwise considered a valuable community resource.

(Ord. 3404, 2021)

A.

Existing trees saved on the site during construction may be credited toward the minimum number of trees required as specified by this Chapter, provided that such trees are a minimum of four (4) inches DBH for medium and large deciduous species, or for evergreen species a minimum of eight (8) feet in height.

B.

Existing trees and vegetation that are to be saved shall be protected from all construction activities, including earthwork operations, movement and storage of equipment and materials, and dumping of toxic materials. A minimum protection zone shall be established with the installation of temporary fencing around all existing vegetation to be preserved, placing the fence no closer to the trees than their drip lines, or one (1) foot per DBH, whichever is more restrictive. These protection zones and other pertinent information shall be shown and noted on the site development plans for Planning Commission submittal or on the erosion control and grading plans for final construction plans. Protective fencing shall be installed prior to the issuance of any City permit and maintained throughout the construction period. Alternative protection measures may be approved by the director of planning.

C.

When preservation is required by Planning Commission approval, and trees die during or as a result of clearing and grubbing, grading, and/or construction, the developer shall be required to replace the same type, number and size of tree that was present before construction. Multiple trees can be used to make up for the loss in kind of larger diameter trees, provided no replacement tree is less than thre-inch caliper and the total diameter of replacement trees is equal to or greater than the diameter of the tree removed.

(Ord. 3404, 2021)

A.

Property and Threshold Activity.

The previsions of this Chapter shall apply to:

1.

All trees of any size in the public right-of-way, including parks, open spaces, and municipal grounds.

2.

All nonresidential development that requires a site plan or plat.

3.

Projects as part of a Land Disturbance Permit at the City Manager or designee's discretion.

B.

Exemptions.

1.

Emergencies (storm damage or other public safety events).

2.

Utility work and or easement requirements.

3.

Agriculture activities.

4.

Other exemptions approved by the City Manager or designee.

C.

Previously Approved Developments.

This Chapter shall not apply to properties meeting any of the following criteria:

1.

Any preliminary and/or final plat for a commercial or industrial subdivision that was approved by the Planning Commission prior to November 2021. Individual lots within exempt commercial subdivisions are subject to the conditions of this Chapter unless they have a preliminary and/or final site plan that was approved by the Planning Commission prior to November 2021.

2.

Any preliminary and/or final site plan that was approved by the Planning Commission prior to November 2021.

3.

Any previously approved preliminary and/or final site plans that are required to be re-approved by the Planning Commission due to substantial changes, could be subject at the discretion of the City Manager or designee.

(Ord. 3404, 2021)?

A.

Protection of Significant Trees.

The following trees are protected and shall be mitigated if removed, as provided in this Chapter:

1.

All non-invasive tree species of any size in the public right-of-way.

2.

All trees greater than ten (10) inches DBH that are within twenty (20) feet of the front lot line.

3.

Deciduous tree at least ten (10) inches DBH.

4.

Trees as determined by City Manager or Planning Commission.

B.

Authorized Removal of Significant Trees.

Staff can authorize removal with written request and documentation establishing justification for the following reasons:

1.

The tree is diseased, or dying, and constitutes a threat to healthy trees, property, or public safety; or

2.

Removal of tree is necessary for construction, development or redevelopment under the following criteria:

a.

All reasonable efforts have been made to avoid removal through comparable alternative designs.

b.

Presence of the tree places an undue financial burden on the property owner or applicant; and

c.

No other reasonable accommodations, including adjustments to otherwise allowable building footprint can be made to preserve the tree.

3.

Emergency situations such as storm damage, emergency access or other safety measures make it necessary to remove or alter the tree. In such cases, no permit or authorization is needed at the time of occurrence.

C.

Non-protected Trees.

An "Undesirable Tree Species" list is available from the Community Development Department. Trees that are not protected may be removed from sites, whether through development or property maintenance. No mitigation or specific authorization is required for removal. Tree Preservation is a priority of the City and shall be considered in development and landscape plans.

D.

Mitigation for Removal.

1.

Any significant tree or trees removed must be replaced with the same or similar hardwood species.

2.

Replacement trees must meet minimum requirements at the rate of one (1) inch caliper replacement for every one (1) inch DBH of tree removed.

a.

For example, if a tree removed measured twelve (12) inches DBH, replacement trees must total twelve (12) inches caliper or any combination thereof.

3.

In lieu of replacing trees on-site a schedule of fees as approved by the Governing Body will be listed in the latest City of Shawnee Policy Statement (PS-56).

(Ord. 3404, 2021)

A.

Tree Protection Fencing.

Tree protection fencing shall be provided as defined in the Shawnee Design and Construction Manual.

B.

Prohibited Activities.

Prohibited Activities shall be defined by the Shawnee Design and Construction Manual, Stream Corridor Requirements.

(Ord. 3404, 2021)

A.

Protected Tree Designations.

This subsection designates the types of trees that are subject to projection under this section, and establishes a thrum threshold size, measured in diameter breast height (DBH), for various tree species.

A Tree protection and preservation plan shall be provided at the Final Site Plan and/or Final Plat.

1.

A tree survey shall provide the location, quantity, and DBH of each tree that is ten (10) inches or greater.

2.

Applicant may omit trees that are not considered significant from the tree survey.

3.

Protection plan that show locations of the trees with protective fencing dimensions.

4.

All existing infrastructure and areas that require cut and fill.

5.

A mitigation plan showing all replacement trees, or a reference to an associated landscape plan, or a statement calculating the fee in lieu for mitigation.

6.

The name, contact information, and position for the site manager responsible for all tree protection measures.

B.

Tree Stand Delineation Alternative.

As an alternative to a tree survey, a tree stand delineation may be used to meet the preservation requirements. In order to use this provisions, the site must have area(s) of tree canopy that meet the definition of woodland criteria as defined in Chapter 17.04.

A tree protection and preservation plan shall be provided at the Final Site Plan.

1.

A tree preservation plan that shows a minimum preservation of twenty percent (20%) of contiguous tree canopy with understory.

2.

Tree canopy area(s) to be preserved as tree save area(s) must include environmentally sensitive areas that are present on site; including steep slopes, drainage areas, riparian buffers, and stream corridors.

(Ord. 3404, 2021)

The City shall be charged with the enforcement of this Chapter. They could inspect sites subject to this Chapter and assure that work is done conforming to the approved tree protection and preservation plan. Violations for unauthorized removal of trees on the tree protection and preservation plan may be subject to fees with the value determined by the current tables and formulas produced by the Council of Tree and Landscape Appraisers.

Any Person violating any of the provisions of this Chapter shall be guilty of a Class C Offense. The imposition of a penalty shall not prohibit any action by the City Manager or designee to enforce compliance, prevent a violation, or remedy a violation, nor shall it prohibit the City Manager or designee from imposing liens or assessments necessary to remedy a violation of this Chapter. In addition to the imposition of a penalty, the Court may assess restitution and reimbursement of all costs of any abatement, including administrative, materials, and personnel, to the Person and/or property owner who commits, permits, maintains, directs, or authorizes, a violation of this Chapter.

The City shall keep a record of the total cost of such abatement or removal incurred by the City, and shall bill such costs to the owner of the property where a violation of this Chapter takes place by certified mail, return receipt requested. If the assessment for such costs is unpaid after sixty (60) days from the date of billing, the City Clerk, at the time of certifying City taxes, shall certify such costs to the County Clerk, with instructions to extend the same on the tax roll of the County against the applicable lot or parcel of ground, and ask that it be collected by the County Treasurer and paid to the City as City taxes are collected and paid. Nothing in this Section shall limit the City's right to pursue collection both by levying a special assessment and in any other manner provided for by law, but only until the full cost and any applicable interest has been paid in full.

The imposition of a penalty for any violation or noncompliance shall not excuse any violation, permit a violation to continue, or excuse any obligation to remedy any violation. The City shall have the authority to maintain civil suits or actions in any court of competent jurisdiction for the purpose of enforcing the provisions of this Chapter. In addition to any other remedies, the City Attorney may institute injunction, mandamus or other appropriate action or proceeding to prevent violation of this Chapter. Each day that a violation occurs or is permitted to continue shall constitute a separate offense.

(Ord. 3404, 2021)