The purpose of this section is to provide landscaping standards for sites undergoing development and for the continued maintenance of landscaping in Summit County. It is the County's goal that landscape design improve the general appearance of the community and enhance its aesthetic appeal. Landscaping should complement both the built and natural environments, while retaining the integrity and character of the surrounding mountain environment.

It is the County's intent that developments meet the following landscape design objectives:

A.

Provide adequate and appropriate plant materials on a project site that comply with the standards of this section, in order to enhance the relationship of the project to its site and context.

B.

Preserve existing significant trees and existing vegetation on a site and protect significant trees and existing vegetation during the construction process.

C.

Conserve water by requiring landscaping plans to utilize xeriscape concepts.

D.

Maximize the use of native species in landscape design, so that native species continue to dominate the County's mountain environment. Acclimated plant materials that have adapted to the mountain climate, such as drought-tolerant species, may also be used, but plant species that the County has determined to be invasive, noxious or otherwise a nuisance, shall be avoided.

E.

Mitigate the impacts of site development with landscape designs that will buffer or screen the development from abutting properties and from the public way. Design buffering and screening features so they complement the existing natural character and context of the site and blend with the setting.

F.

Provide landscaped parking islands and peninsulas along the edges and within the interiors of parking lots that establish a sense of smaller parking areas and provide visual interest to the driver and from the public way. Consider the size and path of snow removal equipment when designing parking islands and peninsulas.

G.

Promote the long-term health and success of required landscaping through appropriate maintenance practices, including replacing landscaping that may have perished and keeping irrigation systems operable.

H.

For resort core areas in the ski resort PUDs, provide appropriate landscaping to ensure that the development retains the county's natural mountain character, recognizing that resort cores often have more intensively developed, higher site coverage areas within village centers that are offset by open space areas elsewhere within the PUD.

I.

Recognize and implement defensible space requirements to mitigate wildfire hazards around homes and structures.

Landscaping plans shall provide for the installation of plant materials consistent with the purpose and intent of this section and the revegetation of any disturbed areas that will be left in an unimproved state.

A.

The provisions of these regulations shall apply to the following types of development:

1.

Duplex, multi-family, mixed-use, commercial, industrial, hotel/lodge and other development subject to site plan review per the requirements of Section 12600 et seq. (see Subsection 4 below for application to single-family dwelling development).

2.

Any modifications to existing landscaping on a duplex, multi-family, mixed-use, commercial, industrial, hotel/lodge other development where a landscaping plan was previously required by the County. Such modification shall need to be reviewed and approved by the applicable Review Authority per the site plan modification process outlined in this Code.

3.

Paving or construction of parking lots associated with all development, excluding single-family development.

4.

Unless otherwise provided for in a PUD or required through another development review approval, single-family development, or other site work associated with single-family development, is only required to meet the mandatory landscaping design standards listed in Section 3604, including defensible space requirements unless waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP), of a given project do not warrant imposition of this standard. Xeriscape requirements in Section 3604 do not have to be met for single-family development. However, it is encouraged that a person landscaping a single-family lot use the xeriscape concepts listed in Section 3604. It is the responsibility of a property owner to ensure that single-family development meets the mandatory landscaping design standards and defensible space requirements listed in Section 3604 even though there may not be a formal review by the County (review may be required by a PUD or other development review process). If single-family development is subject to review per the Landscaping Regulations due to a PUD provision or a subdivision requirement or because a property owner is seeking a higher intensity use subject to a development review (e.g. conditional use permit, etc.), then all the provisions of the Landscaping Regulations may be applied based on the discretion of the Planning Department, including but not limited to providing buffering for accessory dwelling units or home occupations, defensible space requirements, and the need to secure an improvements agreement and an associated financial guarantee.

5.

For existing single family development, any proposed exterior improvement requiring a building permit shall be required to implement full defensible space requirements pursuant to Section 3604 of this Code unless waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the CWPP), of a given project do not warrant imposition of this standard.

B.

Developments that are exempt from the Landscaping Regulations may not be exempt from the requirement to obtain a grading permit or protect water quality (see Grading and Excavation Regulations and Water Quality Control Regulations in Chapters 6 and 7). The Grading and Excavation Regulations require all disturbed areas to meet certain requirements, including but not limited to revegetation with a weed-free native grass mix.

C.

Landscaping plans shall be submitted for all development subject to these regulations for review and action concurrent with the applicable development review (site plan review, grading permit review, home occupations where outdoor buffering or screening is being required, etc.). The Review Authority responsible for evaluating a landscaping plan is outlined in Chapter 12.

D.

Where there is a conflict between the provisions of the Landscaping Regulations and the County's water augmentation plan, which plan shall be deemed incorporated herein, the provisions of the County's water augmentation plan shall prevail but only to the extent the subject property is subject to such augmentation plan.

These standards are not applied to single-family development unless a PUD requires compliance with the landscaping regulations or a higher intensity use is sought.

A.

Alternative Methods of Compliance: The standards in this subsection provide measures for development that, if complied with, will be deemed sufficient proof that the design standards of this section have been met. However, these standards may not be the only method by which the County's landscaping objectives listed above in Section 3601 can be achieved and it is the County's intent to provide flexibility to applicants in landscape design in order to avoid landscaping requirements that are inconsistent with the natural environment. By way of example, development in a sage meadow may not necessitate the planting of trees when no trees existed in the meadow prior to development of the site, but may necessitate the planting of alternative vegetation more reflective of the natural environment. Applicants may propose, and the County may approve, alternative methods for landscaping a site, provided the applicant can demonstrate, and the Review Authority determines, that the alternative will meet or exceed the level of design that is expressed in the objectives listed above in Section 3601 while complying with all applicable defensible space requirements unless waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP)), of a given project do not warrant imposition of this standard.

B.

Minimum Planting Requirements: In addition to any landscaping that may be required for buffering (see Section 3603.D below), new development or modifications to existing development shall meet the following minimum planting requirements:

1.

A minimum of three (3) trees and two (2) shrubs shall be provided for each actual unit. For projects containing commercial or other nonresidential development, a minimum of three (3) trees and two (2) shrubs shall be provided for every 1,000 square feet of Floor Area. At least one (1) of the three (3) trees shall be a conifer. Trees shall comply with the minimum plant size requirements stated in Section 3606.B. Trees and shrubs meeting the minimum planting requirements in Section 3606.B that are preserved outside of the building setbacks in the developable area can be counted in meeting the minimum planting requirement. Trees are allowed within the Intermediate defensible space zone provided that the horizontal distance between tree crowns at maturity and any other trees, structures, chimneys, and/or overhead utility lines is no less than 10-feet. When a conflict between these minimum planting requirements and applicable defensible space requirements cannot be avoided due to the physical constraints of the project site, alternatives such as integration of bioswales, xeriscaping, and preservation of significant trees as part of the required landscape plan may be allowed so long as such alternatives are determined by the Review Authority to meet the design standards set forth under this section of the Code.

2.

Plantings shall be clustered to reflect the patterns found in nature, as opposed to being thinly distributed throughout the site.

3.

Buildings often have the strongest visual impact on a site and often are the visually dominant vertical element. Plantings around buildings shall be used to soften their appearance, tie them to the site and reduce their perceived bulk and mass. The Review Authority may require taller trees than established in Section 3606 adjacent to buildings to soften their appearance, tie them to the site and reduce their perceived bulk and mass, but such plantings must meet the defensible space prescriptions set forth in the Summit County Building Code unless waived by the Review Authority when the specific conditions and individual circumstances of (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP)), a given project do not warrant imposition of this standard.

C.

Preservation of Significant Trees:

1.

For sites where there are trees present, a site survey shall be conducted to inventory the significant trees. For the purposes of this Code, significant trees are defined as conifers with a caliper of eight (8) inches or greater and deciduous trees with a caliper of four (4) inches or greater. In no event is any developer expected to survey trees on an adjoining parcel. The survey of existing significant trees shall be depicted on an existing conditions plan that shows the site's topography, property lines and other existing features as required by the site plan review process. The Planning Department may reduce the amount of area to be surveyed for large development sites.

2.

All of the significant trees located in between the property lines and a line established ten (10) feet from the required setback lines (as measured from the setback line towards the property line) shall be preserved unless removal is necessary due to: 1) forest management; 2) fire mitigation and defensible space requirements; 3) construction of driveways, detention ponds or limited site grading work; 4) necessary utilities; or 5) other improvements as may be approved by the Review Authority. The ten (10) foot area extending out from the setback lines to the area of trees to be preserved is to allow for room for construction equipment, site grading and other construction activities. Utilities shall be placed in driveway cuts where practicable to preserve vegetation on a site. The amount of site grading work allowed in the setbacks shall be limited by the use of retaining walls, stepped foundations and other similar engineering practices.

3.

Vegetation to be preserved shall be protected by the following methods:

a.

During construction, significant trees that are to be preserved shall be protected for an area two (2) feet beyond their drip lines (i.e., the area the branches spread). Adequate protection devices shall be installed to ensure that trunks, branches and root structures are not damaged by construction equipment.

b.

No equipment shall be driven or parked within the vegetation to be preserved or within two (2) feet of the dripline of trees to be preserved.

c.

Vegetation to be preserved shall also be protected by temporary fencing that is maintained throughout the construction process.

d.

If a significant tree that has been identified for preservation is damaged or destroyed during construction or does not survive during the 24 month warranty period following completion of the landscaping improvements, it shall be replaced with a tree of comparable (though not necessarily identical) size based on a caliper-for-caliper basis (e.g. a 24 inch caliper tree is replaced with three (3) eight (8) inch caliper trees). The new trees shall be planted in the same location as the damaged tree if the County determines that the new trees can survive in this location.

e.

If vegetation to be preserved is damaged or destroyed, such damaged or destroyed area shall be replanted to a natural state.

4.

No vegetation or tree removal can occur on a lot until the applicable Review Authority reviews and approves of such removal in accordance with these regulations except that dead or diseased trees, such as those infested with the Mountain Pine Beetle, may be removed without prior County approval.

5.

If required by the Planning Department, a forest management/fuels reduction plan consistent with the requirements set forth pursuant to Section 8101.D et seq. shall be submitted for any project that has significant areas of trees or forested areas to be preserved, as determined by the Planning Department. It is the intent of this requirement to ensure that diseased trees are removed and trees are thinned to ensure a healthy growing condition and to ensure adequate fire mitigation measures are implemented on site in a timely manner. The forest management/fuels reduction plan shall identify forest management practices in accordance with the defensible space zones as set forth in the Summit County Building Code and shall include a phasing plan for implementing the recommendations of the forest management/fuels reduction plan. The obligation to carry out the recommendations shall be included in a Site Plan Improvements Agreement and through a financial guarantee. Additionally, all such forest management/fuels reduction activities shall be included in the Covenants, Conditions, and Restrictions ("CC&Rs") governing the property in accordance with Section 3508.

D.

Buffering and Screening: Landscaped buffers and fences or walls shall be provided to buffer or screen development from abutting properties and the public way as provided for below. Such buffers or screens shall be designed to complement the natural character of the site by using natural materials and land forms that follow the natural undulations or other natural forms of the land. The scale and density of any buffers and screens that are provided shall have an appropriate relationship to the building and its setting.

1.

Buffering:

a.

Landscaped buffers shall be designed to soften the view and edge of a site, so that it blends into its surrounding context. The specifications for landscaped buffers are provided below. Such buffers shall be installed in the following areas:

i.

At the edges (perimeter) of a parking lot and between parking lots;

ii.

At the edges of snow storage areas;

iii.

Between building development and recreational trails or open space;

iv.

Between multi-family development and a road or other public spaces;

v.

Between industrial uses and residential or commercial uses; and,

vi.

Between commercial and residential areas.

b.

The following represent three (3) acceptable buffering standards to ensure compliance with Section 3603.D:

i.

One (1) deciduous tree with a minimum caliper of one and one-half (1 ½) inches for every two (2) lineal feet of buffering; or,

ii.

One (1) collected or nursery grown conifer with an average height of eight (8) feet for every six (6) lineal feet of buffering; or,

iii.

One (1) nursery grown conifer with an average height of eight (8) feet for every ten (10) lineal feet of buffering.

2.

Screens shall be installed around the following areas:

a.

Service areas, including dumpsters;

b.

Storage areas;

c.

Utility boxes and gas meters provided such landscaping meets any written utility provider requirements;

d.

Service entrances; and,

e.

Ground level heating, ventilating and other related equipment.

3.

Any fence or wall installed as a screen shall:

a.

Be built of natural or naturally appearing materials and be constructed of durable materials, such as stone, masonry, wood, or non-reflective metal.

b.

Have muted colors that blend in with the natural environment.

c.

Incorporate architectural treatments on the side(s) of the fence that abuts a public right-of-way, recreational pathway or other access way. Architectural treatments may include, but are not limited to, stamped concrete, stucco, or natural or cultured stone.

d.

Incorporate columns and offsets to break up long expanses.

e.

Not exceed eight (8) feet in height when screening a dumpster, provided that this height limit may be exceeded, to a maximum height of 16 feet, if the screening device is a roofed structure.

f.

Comply with the provisions of Section 3505.17.

E.

Parking Area Landscaping: Landscaping shall be incorporated into any parking lot that contains 30 or more parking spaces.

1.

A minimum of 15 square feet of landscaped area shall be provided per parking space. This landscaped area shall be integrated into the parking lot in the form of landscaped islands and peninsulas.

2.

Each individual parking island or peninsula shall be a minimum of 360 square feet in size.

3.

Either of the following amounts of landscaping shall be installed for every 360 square feet (or fraction thereof) of area in a parking island or peninsula:

a.

Two (2) conifer trees and eight (8) shrubs; or

b.

Four (4) deciduous trees and eight (8) shrubs.

Trees and shrubs shall comply with the minimum plant size requirements stated in Section 3606.B and the defensible space requirements set forth in Section 3604.P below.

4.

A landscaped island or peninsula may be used for snow storage. The area used for snow storage may count toward the minimum snow storage area required by the Parking Regulations. Planting installed in the area shall be compatible with its snow storage function.

5.

The size and path of snow removal equipment shall be considered when locating the landscaped islands and peninsulas. Landscaping installed adjacent to a snow storage area that can be damaged by snow shall be protected by large boulders, planters or similar protective mechanisms.

6.

Landscaping located next to snow storage areas shall be protected by boulders, planters, raised elevation or other approved methods. Snow storage may be allowed next to mature trees if it is determined that such trees will not be damaged or destroyed by snow storage activities.

The following landscaping design standards shall be met:

A.

Maximum Site Coverage: The Development Standards Matrix (see Figure 3-5) includes the maximum site coverage area for each of the County's zoning districts (see Section 3505 et seq.). The area that is required to be left in a permeable state shall either be landscaped or be left in natural vegetation. Acceptable landscape materials include living trees, shrubs and groundcovers.

B.

Xeriscape Requirements: Xeriscape is a landscape concept which promotes water conservation by minimizing the amount of native vegetation removed, limiting new vegetation to native or drought tolerant vegetation, limiting the amount and type of irrigation and other related measures to conserve water and create a native landscape. The following specific requirements shall be met for all development subject to the mandatory landscaping requirement, unless specifically exempted by another part of the Landscaping Regulations:

1.

Protection of Existing Vegetation: When existing natural plant communities occur on a parcel of land to be developed, existing vegetation in the required setback areas shall be saved in accordance with Section 3603.C.3 and in accordance with the defensible space requirements as set forth in the Summit County Building Code.

2.

Maximum Amount of Lawn Area: The maximum amount of lawn area that can be irrigated cannot exceed ten percent (10%) of the open area on a site. All other areas disturbed by grading or construction shall be revegetated in accordance with the provisions listed in Section 3604.J below.

3.

Maximum Amount of Irrigated Area: The maximum amount of irrigated area cannot exceed 20% of the open area on a site, with such systems designed in accordance with Subsection 5 below. For planting areas allowed to have spray-type irrigation, the total planting areas irrigated shall be included in the calculation. If trees and shrubs are drip irrigated, the area of the tree or shrub well shall be included in the calculation.

4.

Planting Requirements: Summit County has a harsh environment and careful plant selection and installation of landscape materials is essential to successful establishment of the landscaping. All new plant materials shall use species from the required plant list included in the Required Plant Materials List (see Table 3-2) unless other plant materials are approved by the County based on the ability to survive a semi-arid high mountain environment. The following further limits the type of planting that can occur on a site:

a.

Trees, shrubs or other plants within an irrigated area shall be limited to species shown as either a X or XX plant in Table 3-2, unless other plants are approved by the County for location in irrigated areas (X: Thrives in slightly dry conditions, and once established, generally requires about one (1) inch of water per week; XX: Thrives in dry conditions, and once established, generally requires about one-half (½) inch of water per week).

b.

Trees, shrubs or other plants outside of an irrigated area shall be limited to a species shown as a XXX plant in Table 3-2, unless other plants are approved by the County for location outside of irrigated areas (XXX: thrives in dry conditions, and once established, generally requires one-half (½) inch of water every two (2) weeks).

c.

Planting of Firewise plant materials, as noted in Table 3-2 is encouraged.

TABLE 3-2: ALLOWED PLANT MATERIALS LIST

Due to the high altitude and limitations on growing conditions in Summit County (semi-arid environment, short growing season, short frost-free period, etc.), a list of allowed plant materials and seed mixes is included to aid in selecting plants that have proven appropriate for this area. However, if wetland setbacks or wetland areas are approved for either soil disturbance or mitigation, wetland areas dictate a different group of plants not covered by this list.

X = Thrives in slightly dry conditions. Once established, these plants generally require about 1" of water per week.

XX = Thrives in dry conditions. Once established, these plants generally require about ½" of water per week.

XXX = Thrives in very dry conditions. Once established, these plants generally require about ½" of water every two weeks.

5.

Water Conservation:

a.

Irrigation systems for trees and shrubs that are X or XX as allowed by these regulations shall be designed as a drip irrigation system. XXX plants may only have irrigation systems at the discretion of the County to ensure successful plant establishment.

b.

Irrigation systems that use sprinkler heads or spray type systems are only allowed to water the maximum amount of lawn area as established above and for planting beds for flowers.

c.

Irrigation as limited by these regulations is only allowed if: 1) a site lies within an area served by a central water system; 2) a site to be watered has a well permit that allows for outdoor use; or 3) a proponent for irrigation provides a letter from a water supplier or other legal document that provides for outdoor watering.

d.

Where irrigation systems are not being installed, the County encourages an applicant to provide temporary, supplemental watering beyond natural precipitation for new plants and revegetation for the first few years to ensure successful plant establishment as required by these regulations. Revegetation can be established without supplementing natural precipitation if the revegetation procedures outlined below are followed.

e.

Watering of new trees and reseeded areas by a temporary system is allowed during the first two (2) years of plant establishment provided outside irrigation is not curtailed by a water district or the State.

f.

Outside irrigation with sprinkler or spray-type irrigation systems can only occur between the hours of 6:00 p.m. to 9:00 a.m. Drip irrigation or hand watering may occur at any time.

g.

No outside irrigation is allowed if a property is served by a well that restricts water to indoor use only, and water has not been leased from another entity allowing outside watering. If there is no water available to the site and the Review Authority does not feel that the site should be landscaped in light of such fact, then the site shall be landscaped in accordance with 3604.C.

h.

All irrigation systems shall be designed with at least two (2) zones to control the amount of water to planting areas and the lawn area so that water can be applied at differing rates based on species need.

i.

All irrigation systems shall be designed with a rain sensor that prevents irrigation if it is raining or if the soils and plants are moist. All irrigation systems shall be maintained per the provisions listed in Section 3609.

j.

All irrigation systems shall have timers. All townhouse projects shall have a separate water meter for the irrigation system.

k.

Mulching: To help with moisture retention, all areas to be planted or revegetated shall be mulched in accordance with the provisions of Section 3604.J.2 below prior to applying the required topsoil or planting trees or shrubs, whichever situation is applicable. Shredded rubber, pine needles and shredded western red cedar are prohibited within five (5) feet of any structure and discouraged from being used within the intermediate defensible space zone as mulch due to their higher level of combustibility. This requirement may be waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP)), of a given project do not warrant imposition of this standard. Non-living landscaping materials such as gravel, pavers, or bricks are encouraged within five-feet of any structure.

l.

Other Alternatives: The Review Authority may consider other alternatives to these xeriscape provisions so long as the overall goal of water conservation will be met, and the overall objectives of the landscaping regulations is achieved.

C.

Non-living Landscaping Materials: Non-living landscape materials, such as wood chips, river rock and boulders, may be used as landscaping provided such materials shall not exceed 15% of the open area, unless the Review Authority makes a finding that a higher percentage of such other landscaping material is appropriate due to such factors as lack of water for outside watering, topography, soil conditions or achievement of design objectives established by this Code.

D.

Slopes: To minimize erosion, all disturbed slopes within a project site shall be landscaped or revegetated to insure stability. The maximum slope allowed is two to one (2:1). Slopes of two to one (2:1) shall be treated with erosion control material after they have been seeded or otherwise treated to ensure stability. Retaining walls can be used to ensure that a slope does not exceed a two to one (2:1) grade, except where rock escarpments serve as natural retaining walls.

E.

Reseeding of Cut and Fill Slopes: Construction of buildings, parking areas and driveways often results in cut and fill slopes, as developers work to fit such improvements into Summit County's mountainous terrain. All cut and fill slopes shall be revegetated or landscaped in accordance with Section 3604.J to prevent erosion. In areas where a single plane cut would result in a slope too steep for successful reseeding to occur, alternative techniques such as benching, terracing or slope rounding shall be used. The tops of cuts shall be rounded to blend back into the existing landscape.

F.

Retaining Walls: Design and construction of retaining walls shall comply with the provisions of Section 3505.17 and Section 3603.D.3 of the Landscaping Regulations.

G.

Sight Distance Triangle: For safety and visibility purposes, a sight distance triangle shall be maintained at street intersections and where driveways intersect streets. The length of the legs and the method of measurement shall be as stated in the County Road Standards (Chapter 5). No landscape materials, earth berming or other visual obstructions between three and one-half (3 ½) feet and seven (7) feet shall be allowed in this sight distance triangle. This regulation is not intended to prohibit the planting of trees or retention of existing trees in the sight distance triangle, if they are pruned so branches are higher than seven (7) feet.

H.

Berm Design Standards: To the maximum extent practicable, all berms within the unincorporated area of Summit County shall be designed in accordance with the following provisions of the Grading and Excavation Regulations outlined in Chapter 6 and the following specific standards:

1.

Maximum height of berms shall not exceed eight (8) feet, as measured from existing grade to the top of the crown of the berm.

2.

Maximum slope of a berm shall not exceed three to one (3:1) unless a specific design that varies from such standard is deemed acceptable in light of all the standards and criteria contained in this section.

3.

Berms shall be designed with both horizontal and vertical undulations so that the top of the berm undulates and so that the sides of the berm undulate to form a serpentine-like pattern. Vertical undulations shall be at least 50% of the maximum height. Horizontal undulations shall be at least 25% of the maximum width. The County shall review berm plans to ensure that there are enough horizontal and vertical undulations to make the berm naturally appearing.

4.

Berms shall be tied into existing grades at their perimeter to ensure berms are naturally appearing.

5.

Berms along property lines may not be longer than two-thirds (⅔) the length of the property line. This length is measured only along portions of the berm over two (2) feet in height. Adjacent property owners may propose to build one (1) longer berm along the length of the adjacent properties provided the overall length does not exceed two-thirds (⅔) of the length of the combined lots.

6.

A site plan, subdivision, conditional use or other development review applicant may request a berm that does not meet these specific berm design standards during a development review subject to meeting the applicable criteria for decision.

7.

Berms shall be compacted prior to planting landscaping or revegetation.

I.

Utility Locations: Property owners installing landscaping shall be responsible for verifying all utility locations and protecting the utilities from damage during the landscaping process.

J.

Landscaping of Finished Grades:

1.

For single-family development, unless otherwise provided for in a PUD or required by the provisions of this Code, finished grades shall be bought back to a natural state that was present on the development site prior to development. Examples of this include, but are not limited to: a) if building in a rocky area, the finished grade around development may be rocks; b) development in a forested area may landscape the finished grade with vegetation and other elements found on the forest floor prior to development; and, c) development of a grassy site may be revegetated with grass in accordance with the provisions listed below. Notwithstanding the foregoing, the County encourages the installation of a weed prevention fabric when non-living plant materials are used to ensure the site is landscaped in a weed-free state as required by this subsection.

2.

For all other development and all single-family development required to comply with the Landscaping Regulations by a PUD or the provisions of this Code a site shall be revegetated using the following provisions:

a.

Application of Topsoil or Mulching: Topsoil shall be saved on site during construction. Stockpiled soil shall be stored at least two (2) feet outside the drip line of any existing trees to prevent damage to the root systems. Finished grades shall be set such as to include the application of a minimum of two (2) inches of topsoil in meeting spot elevations on contours shown on the submitted plans. An applicant may mulch a site in accordance with the provisions listed in below in lieu of providing topsoil. Slopes shall be smooth and free of rocks and the worked soil shall not be left in clumped form. A Review Authority may approve a more naturalized landscape in the periphery of a project or in more natural areas that includes rocks, logs and other natural elements. If a minimum of two (2) inches of topsoil is not utilized, an applicant may also apply a natural mulch (certified weed free straw, hay, wood cellulose, etc.) provided the earth is tilled in accordance with Section 3604.J.2b below. A site only needs either topsoil or mulching and tilling. Certified weed free hay mulch shall consist of clean field or marsh hay. Certified weed free straw or hay in an advanced stage of decomposition that will smother or retard the normal growth of grass or that is not State Certified as free of noxious weed seed will not be accepted. If dry straw breaks in the crimping process, it shall not be accepted.

b.

Soil Preparation: Preparatory to seeding, the top four (4) inches of the surface shall be tilled into an even and loose seedbed four (4) inches deep, free of clods in excess of four inches in diameter, or a minimum of two (2) inches of topsoil shall be applied to establish the desired line and grade. Planting of grass seed shall be done immediately following, and not more than ten (10) calendar days following surface preparation.

c.

Required Seed Mix: All seeding shall be done with one of the seed mixes listed in Table 3-2 unless another seed mix is approved by the Review Authority based on its similarity to native vegetation and drought tolerance. Sod may be used in areas provided it is approved by the Review Authority in accordance with these regulations. The seed mix purity shall be a minimum of 95% pure live seed (PLS). The specified application rate per total mix shall be 80 pounds per acre broadcast, and 15-20 pounds per acre drilled.

d.

No water to supplement natural precipitation shall be required if a well permit or water provider prohibits outdoor watering: However, a person desiring to revegetate a site is encourage to utilize supplemental water to establish vegetation if such is available by a well permit, central water systems or other water provider using tank trucks.

e.

Timing of Seeding: Where outside watering is not a practicable option, seeding shall be done in the fall after September 15, so that the seeds can germinate in the spring due to the spring melt and spring precipitation.

f.

Establishment of Revegetation: Revegetation or ground cover shall be considered established if, when viewed from above, it covers 80% or more of the ground surface in a uniform manner with no sizeable bare spots. The ground cover growth shall be such that it is effective in controlling erosion and sedimentation.

g.

Weed-free Revegetation: Landscaping and revegetation shall be free from weeds as identified by the County as invasive, noxious or otherwise nuisance weed species.

K.

Site Cleanup: After all planting operations are completed, all trash, excess soil, empty plant containers and rubbish shall be removed from the site. Any scars, ruts or other marks in the ground caused by this work shall be repaired. All construction debris from other construction on site shall be removed from all landscaped areas, especially gypsum board and similar materials that are toxic to plant life. The ground shall be left in a neat and orderly condition throughout the site.

L.

Responsibility: It is a developer's responsibility to provide for the short-term two (2) to three (3) year success of the landscaping unless such responsibility is transferred to a property owner or a homeowners association as evidenced by the submission of legal documents that provide for the maintenance of the landscaping areas and a clearly defined written plan on how landscaping needs to be maintained (irrigation schedule, irrigation system maintenance, pruning, weeding, etc.). It is a property owner's or homeowners association's responsibility to provide for the long-term success of landscaping. Recommendations pertaining the landscaping design and installation are provided in the Landscaping Guide. Where a developer is in doubt as to how to accomplish these goals, professional advice should be sought.

M.

Landscaping and Snow Storage: Landscaping shall be designed to be protected from snow storage areas and from snow shedding off of roofs. Hardy landscaping plants that will not be damaged by snow storage may be located in snow storage or snow shedding areas.

N.

Required Sight Distance: No landscaping shall block the required sight distance at driveway or road intersections per the specific requirements contained in Chapter 5.

O.

Establishment of Finished Grade: All disturbed areas within approved grading areas as shown on the official plans shall be re-graded to blend into the natural undisturbed grade. Such regrading shall occur within the disturbance envelope unless grading was approved outside of the disturbance envelope on the official plans.

P.

Defensible Space Requirements: All landscaping shall meet the defensible space requirements set forth in the Summit County Building Code unless waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the Summit County Community Wildfire Protection Plan (CWPP)), of a given project do not warrant imposition of this standard. The property shall be divided into three zones as depicted below:

1.

The Immediate Zone. 0 to 5 feet from the furthest attached exterior point of the home. All vegetation and combustible and flammable materials shall be moved away from exterior walls, under the eaves, and/or decks. This includes: mulch, shredded rubber, ground fuels, flammable plants, leaves, needles, and firewood piles.

2.

The Intermediate Zone. 5 to 30 feet from the furthest attached exterior point of the home. This is the landscaping/hardscaping zone of the defensible space through the use of careful landscaping or creating breaks that can help influence and decrease fire behavior. All dead and diseased trees, shrubs, and other landscaping materials shall be removed. Removal of ladder fuels (vegetation under trees) shall occur so a surface fire cannot reach the crowns of the trees. Limb up trees to a height of 10 feet. For shorter trees, trim to a height of 1/3 the overall tree height. Trees shall be spaced to have a minimum of eighteen feet between the crowns with the distance increasing with the percentage of slope. trees and shrubs in this zone should be limited to small clusters of a few each to break up the continuity of the vegetation across the landscape. Irrigated trees, shrubs, and other landscaping material shall be preserved if they are limbed to remove dead branches and well-spaced to reduce the risk of a fire spreading to other vegetation or structures.

3.

The Extended Zone up to 60 Feet. 30 to 60 feet and 60 feet to the property line from the furthest attached exterior point of the home. This zone focuses on interrupting a fire's path and keeping the flames smaller and on the ground. All dead and diseased trees, shrubs, and other landscaping materials shall be removed. The accumulation of ground litter and debris shall be disposed of or dispersed. Small conifers growing between mature trees shall be removed. Vegetation adjacent to storage or other outbuildings shall be removed. Trees shall be spaced to have a minimum of twelve feet between the crowns with the distance increasing with the percentage of slope.

4.

The Extended Zone Over 60 Feet. This zone focuses on interrupting a fire's path and keeping the flames smaller and on the ground. All dead and diseased trees, shrubs, and other landscaping materials shall be removed. The accumulation of ground litter and debris shall be disposed of or dispersed. Small conifers growing between mature trees shall be removed. Vegetation adjacent to storage or other outbuildings shall be removed. Trees shall be spaced to have a minimum of six feet between the crowns with the distance increasing with the percentage of slope.

Landscape plans shall provide for the installation of plant materials, grading and other site work that complies with the requirements of this section. Landscape plans shall be prepared by a landscape architect, landscape contractor, horticulturist, or other qualified professional or individual. The landscaping plan shall include the following:

A.

North arrow and scale. Scale shall be one to ten (1" = 10') to one to 30 (1" = 30') or larger for sites of two (2) acres or less, two to 50 (2" = 50') or larger for sites larger than two (2) acres.

B.

Topographic contours at two (2) foot intervals or other appropriate intervals as approved by the Planning Department.

C.

Location of the following items:

1.

Existing vegetation, including Significant Trees;

2.

Significant physical site features such as watercourses;

3.

Property lines and easements;

4.

Utilities, existing and proposed;

5.

Structures, existing and proposed;

6.

Driveways, roads, parking areas, walkways, dumpster enclosures, gas or electric boxes or meters and areas to be paved, graveled or covered by decks;

7.

Snow storage areas;

8.

Retaining walls, with top of wall and bottom of wall heights in mean sea elevation;

9.

Detention ponds and drainageways;

10.

Areas to be revegetated;

11.

Proposed grading and drainage plan;

12.

Proposed plant materials drawn to scale illustrating growth at approximately ten (10) years;

13.

Rough irrigation plan if an irrigation system is proposed, including but not limited to the provisions required by these regulations and a calculation of irrigated area (coniferous tree irrigates approximately six (6) square feet, deciduous tree irrigates approximately four (4) square feet, a shrub irrigates approximately two (2) square feet);

14.

General notes that reflect the site preparation and plant installation requirements of this Code (see Section 3604 et seq.);

15.

Reseeding plan;

16.

Topsoil or mulching plan per the applicable landscaping requirements; and

17.

Significant trees and other vegetation to be retained and a fencing plan showing how such areas will be protected;

18.

Defensible space zones as described in the Summit County Building Code.

D.

Plant list, including botanical and common plant names, plant sizes and quantities; seed mixes, application rates and quantities.

E.

Plan for how water is to be supplied to landscaping and proof of adequate water rights or water availability.

F.

Documentation of adequate water rights to implement plan if located outside of a special district that provides central water service.

Additional plans and details may be required by the Planning Department depending on the development proposal.

A.

Quality Standards for Plant Materials: Plant materials not originating from the project site shall comply with State and Federal laws relating to inspection for plant diseases and insect infestations. Plant materials shall be of standard quality, true to name and type and in accordance with the specifications of the American Association of Nurserymen. All plants shall have a normal habit of growth and shall be sound, healthy, vigorous and free of sunscalds, excessive abrasions or other adverse disfigurements. Tree trunks shall be sturdy and free of excessive scares or abrasions. All trees and shrubs shall have vigorous, fibrous root systems and shall be hardened off (i.e., acclimatized to high altitude) prior to planting.

B.

Minimum Plant Sizes: The minimum sizes of acceptable plant materials shall be:

1.

Deciduous Trees: One and one-half (1½) inch caliper. If at least 80% are two (2) inch caliper or larger, 20% may be one (1) inch caliper.

2.

Coniferous Trees: 40% shall be a minimum height of eight (8) feet. The remaining 60% shall be a minimum height of six (6) feet.

3.

Shrubs: At least 50% shall be five (5) gallon container or larger. The remaining 50% shall be one (1) gallon container or larger.

Trunk caliper shall be measured at four (4) feet (48 inches) above ground level.

Upon completion of landscape improvements, the developer shall request final inspection by the Planning Department. The number, size and species of plant materials, their approximate location in accordance with the approved landscape plan and defensible space requirements, and all site work shall be completed in accordance with the approved or modified landscape plan for the project. Where the plans indicate a range in the number of plants in a particular location, at least the minimum number shall be provided. No occupancy permits shall be issued for a project until the Planning Department has inspected and approved the landscape installation, except as provided in Section 3608.01.

A Site Plan Improvements Agreement ("SPIA") and associated financial guarantee per the requirements contained in Section 12607 shall be submitted to ensure compliance with the Landscaping Regulations. In addition to the provisions contained in Section 12607, the following provisions shall apply:

All landscaped areas shall be maintained in a healthy and growing condition. Maintenance shall include but not be limited to watering, fertilizing, weeding, repairing (fences and other structures), cleaning, pruning, trimming, thinning, spraying and cultivating. In multi-family residential, commercial and other nonresidential developments, property owners are responsible for replacing landscape materials that have died, where these materials were required by the approved landscape plan on file for the development. Where irrigation systems have been installed, these systems shall be kept operable, including adjustments, replacements, repairs and cleaning needed as part of regular maintenance. All landscaping installed after the final certificate of occupancy/certificate of completion is issued, or after the warranty period is over, shall meet the defensible space requirements set forth in the Summit County Building Code unless waived by the Review Authority when the specific conditions and individual circumstances (i.e. slope, aspect, vegetation types, availability of firefighting infrastructure, and other relevant factors as identified in the CWPP) of a given project do not warrant imposition of this standard. Landscaping installed after completion of construction in conflict with defensible space requirements shall be considered a zoning violation.