A.

The purpose of this chapter is to prescribe standards for the maintenance and preservation of existing vegetation and for the provision of supplementary landscaping within the community for the public health, safety and general welfare so as to achieve the following goals:

1.

To preserve and enhance the natural environment and aesthetic qualities of the Town; to create the desired "in the park" visual impression;

2.

To preserve and enhance the appearance, character and value of surrounding properties;

3.

To minimize the visual impacts of developed parking areas and mechanical equipment; to minimize the impacts of erosion, noise and air pollution, excessive sun, wind and glare; and to promote water conservation through use of native and low-water use plant species as appropriate; and

4.

To promote water conservation through the use of water conserving plants, efficient irrigation systems, and responsible irrigation scheduling.

B.

The purpose of this chapter also promotes the following:

1.

Use of landscaping to separate vehicular and pedestrian areas;

2.

Compatibility of residential and nonresidential areas;

3.

Buffers between incompatible land uses;

4.

Screening of objectionable light and noise;

5.

Softening of building masses;

6.

Privacy;

7.

Continuity of development;

8.

Complement the visual effect of buildings;

9.

Attractive appearance along Town streets;

10.

Abundant shade trees;

11.

Enhancement of the quality of life and general welfare;

12.

A mix of evergreen and deciduous trees and shrubs where beneficial.

A.

Specified: Landscaping as specified in this chapter shall be provided on site at the time any new building or structure is erected or constructed; or at the time any use or conditionally permitted use is established or altered.

B.

Phased development: Landscaping as specified in this chapter shall be required on site for phased new construction and expansions or alterations to existing construction, as detailed in subsection 10-18-4.G. of this chapter.

C.

Exemptions: Single- and two-family residences on properties without frontage on SR-9 are required to comply with only the following sections of this chapter, and said residences are deemed to comply with the spirit and purpose of all other sections of this chapter:

1.

Section 10-18-4, "Landscape Requirements And Regulations", of this chapter.

2.

Section 10-18-5, "Tree Preservation And Public Trees", of this chapter.

3.

Section 10-18-9, "Irrigation", of this chapter.

4.

Section 10-18-10, "Maintenance", of this chapter.

A simple plan, drawn to scale, must be submitted with all requests for design/development review for single- and two-family residences on properties without frontage on SR-9. The plan must document compliance with the provisions of the sections of this chapter listed above.

A.

Submission: A landscape plan that meets the criteria of this section shall be submitted as part of the site analysis in conjunction with a request for a design/development review.

B.

Included information: The following items shall be included on all landscape plans:

1.

Project name and address.

2.

Designer's name, address, and phone number (when applicable).

3.

Landscaping as required by this chapter shown in sufficient detail to be easily legible.

4.

Property lines, adjacent rights-of-way, building footprints, parking lots, driveways, walkways, utilities, garbage and equipment storage structures, drainage structures, and other site improvements, drawn to scale with dimensions and scale (bar and numerical) indicated.

5.

Locations and boundaries of all landscaped areas and natural open space.

6.

Plant schedules and key which includes plant names (common and botanical), sizes (e.g., height, caliper, diameter, gallons) and quantities.

7.

Plant locations and spacing corresponding to plant key.

8.

Notations and locations of all natural features retained either in landscaped areas or natural open space, including locations of rivers and streams, designated floodplain, natural vegetation, including trees and shrubs (identified by botanical and common name, height and caliper size, if applicable), grasses, large rocks and any other significant features.

9.

Details showing the method for preservation or protection of existing significant vegetation selected to be retained.

10.

Screening details to lessen the impacts of buildings, parking lots and parking structures, mechanical equipment, service areas, utility meters, transformers, trash receptacles, storage facilities, and similar facilities, from public view.

11.

Summary data including:

a.

The total area (in square feet and as a percentage of the site) that will be landscaped.

b.

The total area (in square feet and as a percentage of the site) that will be retained as natural open space.

c.

The percentage of landscaped area coverage from water conserving plants expected after maturity, not including tree canopies (see definition of "water conserving plants" in section 10-18-11 of this chapter).

C.

Review: The Planning Commission (or DCD for minor projects) shall review landscape plans for conformance with the requirements of this chapter in conjunction with the design/development review.

D.

Complete application required: All required components of the landscape plan, as detailed in this section, must be submitted for the landscape plan to be found complete. A design/development review will not be granted until a complete landscape plan has been submitted.

These standards are the minimum requirements for all landscaping regulated by this chapter.

A.

Landscape areas: A minimum percentage of the area of all properties is required to be either landscaped or retained as natural open space. The following chart establishes the percentage of properties required to be landscaped or retained as natural open space:

Note:

1.

The majority of the area of properties in the AG zone should be dedicated to an agricultural use. The landscape areas required in the chart above shall apply to nonagricultural development on the property such as offices, retail sales areas, and employee housing.

1.

Landscaped areas must meet the following criteria:

a.

The area must meet all landscape regulations of this chapter and must contain the required amounts of vegetation established by this chapter.

b.

The area must be irrigated in conformance with the requirements of this chapter, or be landscaped with vegetation that does not require supplemental irrigation.

c.

The landscape area must be maintained such that the vegetation is healthy, and the area is primarily devoid of weeds.

d.

Areas with an approved agricultural use, such as open pastures and irrigated fields, qualify as landscape areas if the agricultural use is integrated into the overall landscape design for the property.

e.

In the VC and VR zones, maintained orchards reflective of the pioneer heritage of Springdale shall be considered landscaped area.

f.

Pedestrian pathways, courtyards, pools and pool decks, decorative fencing, and other similar features may be counted as landscaped area, if specifically shown on an approved landscape plan and integrated into the landscape design for the property, per the standards below:

(1)

The feature(s) must be visually and functionally linked to the vegetative landscape on the property.

(2)

The feature(s) must add interest, diversity, and functionality to the overall landscape design.

(3)

There must be a logical and functional transition between the feature(s) and the rest of the landscape area.

(4)

Pathways and other pedestrian facilities must have vegetative landscape features at least two feet in width on both sides of the pathway.

(5)

Courtyards, pool decks, patios and other similar features must be surrounded on at least 75 percent of their perimeter by vegetative landscape elements at least ten feet in width.

(6)

Courtyards, pool decks, patios and other similar elements must have permanent vegetative landscape elements, such as planter areas, incorporated into the courtyard area.

(7)

The total area of such feature(s) may not account for more than 15 percent of the total required landscape and natural open space area.

2.

Natural open space must be in its unaltered natural state, or must demonstrate at least one of the following characteristics:

a.

Natural slopes of 30 percent or more.

b.

Natural washes, watercourses, or riparian area.

3.

In determining if an area is in its "unaltered state" and thus eligible for designation as natural open space, all of the following standards apply:

a.

The area:

(1)

Has not been excavated, graded, leveled, or otherwise disturbed in the last 50 years, or

(2)

Is at least 60 percent covered by vegetation that is either identical to or visually identifiable with natural vegetation existent on adjacent undeveloped properties, undeveloped fields, or undeveloped hillsides, provided that the majority of the plant species in the area appear on the Town's recommended plant species list.

4.

Bare ground, areas devoid of natural vegetation, and areas that have been used for storage of materials or vehicles do not qualify as natural open space.

B.

Acceptable plant species: Water-conserving plants shall constitute at least 80 percent, by area (including areas covered by turf), of the total landscape area on a site. Developments located in the foothills shall utilize plant species appropriate to less fertile soils. A list of recommended water-conserving plant species, as adopted by resolution of the Town Council, will be available in the Town Office.

1.

None of the following plants or landscape elements may be placed anywhere on any property outside of a completely enclosed building:

a.

Artificial trees, artificial shrubs, artificial plants, or artificial turf when visible from adjacent properties or a street.

b.

Any plant listed as a prohibited plant on the Town's plant list, as adopted by the Town Council.

2.

If any of the plant species or landscape elements listed in subsection B.1. of this section are on a site proposed for development and subject to this chapter, all such plants or landscape elements must be removed from the site in conjunction with the development.

C.

Quantities required: Landscape areas shall contain the following quantities of trees, shrubs, and ground cover.

1.

Trees:

a.

For properties in commercial and public use zones: The greater of one tree for every 1,000 square feet of landscape area, or ten trees.

b.

For properties in residential and agricultural zones: One tree for every 1,000 square feet of landscape area.

2.

Shrubs:

a.

For properties in commercial and public use zones: The greater of four shrubs for every 1,000 square feet of landscape area, or 40 shrubs.

b.

For properties in residential and agricultural zones: Four shrubs for every 1,000 square feet of landscape area.

3.

Ground cover: At least ten percent of the landscape area must be covered with vegetative ground cover.

4.

Design standards: The quantities of plants required by subsections C.1., C.2., and C.3. of this section shall be placed and planted according to an overall landscape design for the property. The plants shall be distributed throughout the required landscape area in order to meet the landscape design standards of section 10-18-6 of this chapter.

D.

Minimum size when planted: All required landscaping shall be of the following minimum sizes:

1.

Trees: Minimum when planted shall be ten gallons, five feet in height, one to one and one-half inch diameter, branch spread of four feet.

2.

Shrubs: Minimum when planted shall be five gallons. When certain shrubs are shown to not normally be available commercially in five gallon sizes, a smaller size may be acceptable.

3.

Vegetative ground cover: Minimum when planted shall be spaced to provide full coverage within two years of planting. Nonvegetative organic ground cover (such as bark, wood shavings, or wood chips) shall be used between the plantings to protect and screen the landscape underlayment on an interim basis.

E.

Landscape underlayments: Underlayments shall be placed for the purposes of weed control between plantings in landscaped areas. Underlayments shall be limited to water-permeable materials such as landscape fabric. Polyethylene sheet plastic and similar materials shall be used as landscape underlayment only in locations and applications specified by the geotechnical engineer for diverting water away from structure foundations or diverting water to specified drainage inlets or retention basins. Water retention areas shall be lined with water permeable materials unless otherwise specified by the geotechnical engineer or hydrologist for the project.

F.

Public right-of-way landscaping: Landscaping of public rights-of-way is encouraged. When landscaping of such areas is desired, an encroachment permit from the appropriate public authority owning or controlling such right-of-way shall be submitted with the landscape plan. 50 percent of the area of the landscaped right-of-way shall be counted toward the total required landscape area for the property.

G.

Phased development: If a project is developed in phases, required landscaping and screening must be completed in sequence with development phases and shown as such on the landscape plan and as detailed below:

1.

Phased new construction: All areas included in each phase of development shall be landscaped such that each phase of the development meets all landscape standards independent from all other phases of the development.

2.

Additions or expansions to existing construction: Any expansion or addition, or change in use of existing buildings that requires an increase in parking, shall require the site to be brought into landscape conformance as follows:

a.

All new parking areas shall meet the landscape requirements established in this chapter.

b.

In addition to the areas described in subsection G.2.a. of this section, the property shall be landscaped as follows:

(1)

An area of the property shall be landscaped such that the total amount of improvement (footprint of the expansion or addition plus the area of the new landscape) shall satisfy the landscape percentages listed in subsection A of this section. For example, a 2,500 square foot expansion on a property in the VR zone would require 7,500 square feet of additional landscape area (10,000 square feet of total improvement with 75 percent landscape). A 7,000 square foot expansion on a one and one-half acre property in the CC zone would require 3,000 square feet of additional landscape (10,000 square feet of total improvement with 30 percent landscape).

(2)

The landscape area should first be placed along the SR-9 frontage, or at the front of the property if there is no SR-9 frontage. Once the SR-9 frontage (or front of the property if there is no SR-9 frontage) is completely landscaped, the landscape area should be placed on the property in accordance with the design principles of this chapter.

c.

The landscaping described in subsections G.2.a. and G.2.b. of this section shall be required each time there is an expansion or addition on the property, until the property is in total compliance with all landscape standards established in this chapter.

A.

Tree preservation: Site, landscape and open space plans shall be so designed as to minimize the removal of live trees. Trees to be preserved on site shall be effectively protected during grading and construction so as to prevent root damage, soil compaction and trunk damage.

B.

Trees maintained on public streets: The Town will manage the choice of tree species, planting, removal and trimming of trees maintained on public streets.

1.

Planting: It is unlawful for any person, firm or corporation to plant or set out any trees along public streets without the written consent of the Director of Community Development or designated representative.

2.

Removal: It is unlawful for any person, firm or corporation to remove any tree, or device necessary for the protection thereof, from public streets without the written consent of the Director of Community Development or designated representative.

3.

Trimming: Except as otherwise allowed in this chapter, it is unlawful for any person, firm or corporation to prune, trim or in any way alter the shape or interfere with the growth of any tree within a public right-of-way without the written consent of the Director of Community Development or designated representative.

4.

Adherence to street landscaping plan: In permitting any planting, trimming or removal of trees pursuant to this chapter, the Director of Community Development or designated representative may require adherence to an approved street landscaping plan, as adopted by the Town Council, and if so, the permittee shall comply with the street landscaping plan.

C.

Emergency trimming of trees on public street: Notwithstanding the other provisions of this chapter, duly authorized personnel of utility companies whose contracts with the Town are current and in effect may in any emergency trim trees or remove any trees that are either in the public street or project out over the public right-of-way, which are threatening to interrupt or have interrupted utility service, but only to the extent necessary to alleviate the emergency. The utility company shall report all such instances of emergency action on trees to the Director of Community Development within 72 hours of the event.

D.

Trees in public parks: Tree planting, removal or trimming in public parks shall be in accordance with the following policies:

1.

Any tree work shall be done under the direction of the director of parks and recreation.

2.

Normally, tree removal shall be limited to dead or dangerous trees.

3.

Trees may be trimmed or removed as necessary for public safety reasons, and for the construction of public facilities.

4.

Trees which are removed on public property shall be replaced by the planting of similar species on the same site.

5.

Unauthorized removal of public trees shall be unlawful and as such shall be punishable as provided in chapter 4 of this title.

Landscape shall be designed to: a) provide visual screening of parking areas, mechanical equipment, loading zones, trash receptacles, and similar areas, from view from the street and surrounding properties, b) soften the view of large expanses of building and structure walls, and c) improve the aesthetics of the front of properties. The landscape design manual, adopted by resolution of the Town Council, provides detailed guidance on appropriate landscape design for properties in Springdale. All landscape plans shall comply with the spirit of the standards in the landscape design manual.

In addition to meeting the minimum requirements of section 10-18-4 of this chapter, as well as the spirit of the standards in the landscape design manual, the design and layout of landscaping on a property shall conform to the following specific standards:

A.

Landscape zones: Landscaping shall be designed based on the concept of "landscape zones", the practice of grouping plants with similar irrigation requirements together. Landscape zones shall be designed to coincide with the different microclimates (areas with similar soil conditions, exposure to wind and sun, slope, etc.) on the site. Each landscape zone shall be served by a single irrigation valve or set of valves with the same watering schedule and type of emitters.

B.

Central commercial (CC) zone: In the Central Commercial (CC) Zone, the area between the front entrance of a building or business and the sidewalk shall be landscaped. This area shall be credited toward the required landscape area for the property. The following features must be incorporated into the landscape design in front of the building:

1.

A minimum six-foot wide pedestrian path that connects the front entrance of the building or business to the sidewalk (either the public sidewalk, or a sidewalk internal to the development that connects to the public sidewalk).

2.

At least one of the following pedestrian amenities that will be accessible to the general public and will be maintained by the property owner:

a.

A bench.

b.

A drinking fountain.

c.

An open courtyard with shaded areas.

d.

A decorative fountain (designed to eliminate overspray and to consume a minimal amount of water).

3.

At least one tree per 40 linear feet of street frontage, planted within ten feet from the lot line adjacent to the street, provided such trees do not interfere with the visibility of the signage or entrances of adjacent businesses. These trees shall be credited toward the minimum plant quantities required for the property.

C.

Parking areas: Parking areas with more than 15 parking stalls must be landscaped according to the following standards:

1.

Each row or aisle of parking stalls shall be landscaped at both ends with a minimum 80 square foot landscape planter that includes at least one shade tree and three shrubs.

2.

When two rows or aisles of parking stalls are placed head to head, the rows or aisles shall be separated by a minimum four-foot wide landscape planter that contains sufficient trees and shrubs to provide shading for parked vehicles.

3.

The area around the perimeter of all parking areas (including parking access lanes) within 30 feet of an adjacent property shall be landscaped with a minimum five-foot wide landscape buffer. The area of the buffer shall be credited toward the required minimum landscape area for the property and the plants in the buffer shall be credited toward the required minimum vegetation for the property. Vegetation placed in the parking area buffer shall be selected to provide the most effective screening of the parking area from view from the street and adjacent properties.

4.

Landscaping in and around parking areas shall be protected from damage by vehicles with a continuous, anchored concrete curb, railroad ties, headers, wheel stops, or other means acceptable to the Director of Community Development, at least six inches in height. If loose ground cover is proposed (e.g., wood chips), they must be contained by a header or depressed construction.

D.

Screening: Landscape elements (vegetation, berms, fencing, etc.) must screen all mechanical equipment, trash receptacles, loading zones, storage areas, and other similar areas from view from the street and surrounding properties. This requirement does not apply to solar energy panels to the extent that screening would decrease the efficiency of the panels.

E.

Existing natural areas: Features that are unique to a property, such as, but not limited to, that property's natural topography, existing vegetation, or riparian features shall be taken into consideration in the planning and design of landscape improvements for that property. Priority is to be given to the preservation or protection of existing natural areas, particularly where large native trees and other vegetation or riparian areas are a part of a proposed development site. The proposed locations of streets, buildings, and other improvements shall, as much as possible, minimize the disturbance to significant existing vegetation. All preserved native trees and native shrubs shall be credited toward the required vegetation quantities for that property, provided it meets the minimum size requirements of subsection 10-18-4D of this chapter.

F.

Turf and lawn areas: Areas proposed for planting in turf or lawn shall be a minimum of ten feet in width. Drought tolerant grass varieties shall be selected for turf and lawn areas.

G.

Landscape rock: Decorative gravel or landscape rock shall be harmonious and compatible with the natural surroundings in color and appearance. The use of large boulders that resemble rock naturally occurring in the Zion Canyon area is encouraged.

A.

To ensure that landscape materials do not constitute a driving hazard, no landscaping higher than three feet at maturity, or fencing higher than three feet, shall be placed within the visibility triangles. To determine the visibility triangles necessary for a corner lot, measure 30 feet back along edge of street or highway, from the point of intersection of the two roadways. At drive entrances, measure ten feet back along drive or street from the point of intersection of drive or street with the roadway.

B.

Existing vegetation shall be permitted to remain within a visibility triangle if foliage is altered and maintained at a height under three feet or above six feet, measured from the lowest branch.

A.

Approved plan required: Landscaping and watering devices shall be installed in accordance with an approved landscape plan prior to the issuance of a certificate of occupancy.

B.

Temporary occupancy agreement:

1.

If approved landscaping and watering devices cannot be installed prior to occupancy or commencement of operations as a result of seasonal planting limitations or unexpected delays in material availability, a temporary occupancy agreement may be issued by the Town, pursuant to section 10-1-11 of this title.

2.

In such cases, the applicant may be required to provide surety acceptable to the Town and equal to the total cost of landscaping improvements in accordance with a written estimate prepared by a landscape architect, or other landscape designer, based on the approved landscaping plan. A signed temporary occupancy agreement with the Town shall accompany said surety and estimate.

A permanent on-site underground irrigation system, or alternative system acceptable to both the Director of Community Development and the public works/utility superintendent, shall be installed. Said watering system shall be designed to efficiently water landscaped areas and avoid overspray and overflow onto adjacent parking areas and access drives, sidewalks, buildings and public streets. Irrigation systems shall be designed such that irrigation of one landscape zone does not overlap onto an adjacent landscape zone. Excessive irrigation of landscape areas is not allowed.

It shall be the responsibility of the owner, lessee, heirs, assigns, agent, homeowners, homeowners' association, or other liable entity of the property, to permanently maintain all approved landscaping in accordance with the approved landscape plan. Required maintenance shall include regular watering, pruning, mowing, fertilizing, clearing of debris and weeds, removal and replacement of dead plant material and repair and replacement of irrigation systems and architectural features. Any plant materials not surviving shall be replaced with plants of the same size, variety and quality as those removed, within 30 days of its demise or by the next planting period, whichever is the latest. Failure to maintain approved landscaping shall constitute a violation of this title.

For the purposes of this chapter, the following definitions shall apply:

Architectural features: The manmade physical additions to a site.

Berm: A mound of earth, artificially formed, incorporated into a landscape design to add interest to the landscape or to provide visual screening.

Caliper: The diameter of a tree or shrub, normally under four inches, and is measured at two inches above the ground or crown level.

Diameter: Thickness of a tree trunk, measured four feet above ground level.

Ground cover:

A.

Nonvegetative: Inorganic materials (e.g., rock, cinders) or organic products other than plants, such as bark.

B.

Vegetative: A planting of low growing plants and/or grasses that covers the ground and keeps soil from being blown or washed away.

Inorganic: Being or composed of matter other than plant or animal.

Irrigation: To supply water by artificial means, including treated effluent.

Landscape: An expanse of naturally occurring trees, shrubs, plants and ground covers, not limited to, but frequently native to, the ecosystem; and the addition of trees, shrubs, plants and ground covers and other natural and decorative features by humans to enhance their exterior surroundings. As used in this chapter, landscape also includes pedestrian pathways, courtyards, decorative fencing, and other similar features, only when specifically shown on an approved landscape plan and integrated into the landscape design for the property.

Landscape zone: An area within a landscape design containing plants with similar irrigation requirements, consistent with the microclimate (soil type, wind and sun exposure, slope, etc.) of the area. A landscape design for a site may contain multiple landscape zones.

Native: Indigenous to Zion Canyon or its environs.

Natural vegetated state: Vegetation existing on site prior to development.

Planter box: A container in which plants are grown.

Required landscaping: Minimum landscaping as required by this chapter.

Right-of-way: The strip of land over which a public road is built. Also refers to the land used by a public utility.

Shrubs: A multistemmed plant with a spread and relatively low height characteristic. For the purposes of this title, a cactus or other such xerophyte shall be deemed a shrub.

Site: Any plot or parcel of land or contiguous combination thereof, under the same property ownership, where grading, construction or uses are performed, permitted or proposed.

Tree: Any self-supporting woody plant of a species which normally reaches an overall height of at least ten feet at maturity, has a single trunk or multiple trunks which, at maturity, are cumulatively at least four inches in diameter as measured four feet above the ground or crown level, or, at maturity, has a circumference greater than 12 inches at a height of two inches above the ground or crown level.

Tree removal: The act of removing a tree by cutting, chopping, digging or otherwise uprooting or intentionally killing it.

Visibility triangles: A triangular shaped portion of land established at street intersections or driveways in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection or driveway.

Water conserving plants: Plants which are native or naturalized to the Zion Canyon area and that can generally survive with available rainfall, although supplemental irrigation may be needed or desired during summer months. Water conserving plants that may be used to meet the minimum landscape requirements of this chapter are those included on, or are similar to those included on, the plant list adopted by resolution of the Town Council.