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Taylorsville City Zoning Code

CHAPTER 13

25 LANDSCAPING STANDARDS

13.25.010: GENERAL LANDSCAPING STANDARDS:

The following standards shall apply to all districts:
   A.   Preservation Of Natural Features: The preservation of natural features that enhance the development and will benefit the community including trees, scenic points, view corridors, historic buildings or locations, unique geological formations, and other community assets shall be preserved and incorporated into the overall landscape plan.
   B.   Parking In Landscaped Areas: Parking is prohibited upon any front, side, rear, or interior landscaped areas or areas intended for landscape.
   C.   Park Strips: The park strip standards in this section are intended to maintain design flexibility and safety of park strips while ensuring access to public facilities, promote water conservation, maintain aesthetic quality, and ensure pedestrian safety and accessibility.
      1.   Applicability: The requirements of this section apply to all park strips, defined as the area within the street right of way situated between the back of curb and the sidewalk or, if there is no sidewalk, back of curb and the right of way line. These standards apply to all properties that have street curbs. Owners of property on streets without curbs and gutters are not required to maintain formal landscaping within the public right-of-way.
      2.   General Landscape Requirements:
         a.   It is the property owner's responsibility to landscape all park strips adjacent to their property.
         b.   All park strip landscaping must be maintained in a safe and well-kept condition. Trash, debris, and noxious weeds are not permitted.
         c.   Sufficient water shall be provided for vegetative ground cover, annuals, perennials, shrubs, and trees to keep them in a healthy condition.
         d.   For surfaces with water meter lid, shutoff, or other utility or access, landscaping must not inhibit access for a radius of at least twelve (12) inches. For surfaces around a fire hydrant, landscaping must not inhibit access for a radius of at least three (3) feet.
      3.   Park Strip Ground Treatment:
         a.   Plant materials should cover twenty-five (25) percent or more of the park strip surface when plants have reached maturity. For lots with multiple street frontages, this standard shall be applied separately to each park strip. In new or replacement landscaping, it is recommended that water conserving plants are used. The use of drip irrigation rather than overhead spray systems is required.
         b.   Installation of weed barrier fabric under mulch is required to inhibit weed growth. Weed barrier shall not be visible and must be covered with soil, mulch, or gravel.
         c.   Organic mulch materials such as bark may be used as water conserving mulch for plants and may also be used as the only material in portions of a park strip. It is recommended to use organic mulch that is three (3) to four (4) inches in depth for weed control.
         d.   Gravel, rocks, and boulders may be used on portions of the park strip. Large diameter rocks and boulders shall be kept a minimum of thirty (30) inches away from street trees that are in the park strip. Organic mulch or gravel shall be used near existing street trees.
         e.   Paving materials, limited to poured concrete, brick pavers, concrete pavers, or natural stone pavers, may be used in portions of a park strip subject to the following:
            (1)   Paving materials shall be kept a minimum of thirty (30) inches away from existing trees. Organic mulch or gravel shall be used near existing street trees.
            (2)   In park strips that are thirty-six (36) inches or less in width, brick, concrete, or natural stone pavers may be used in (one hundred) 100 percent of the surface area. If concrete is used, it shall be stamped with a brick, stone, or other decorative pattern to distinguish it from the adjacent sidewalk. All hard surface sections shall be installed to be flush with both the sidewalk and curb and gutter. The use of water conserving plants in combination with paving materials is encouraged.
            (3)   In park strips over thirty-six (36) inches in width, paving materials, gravel, rocks, and boulders shall not exceed seventy-five (75) percent of the total park strip surface area. Poured concrete shall not be used except for pedestrian pathways as outlined below.
      4.   Pedestrian Pathways: For safe, convenient access to vehicles across park strips, pedestrian pathways (walkways through the park strip) are encouraged. The material used may be poured concrete, brick or concrete pavers, or natural stone pavers such as flagstone, or a combination of these. If poured concrete is used, the pedestrian pathway shall be not more than four (4) feet in width and shall be located to provide the most direct route through the park strip. The area of pedestrian pathway shall be included in calculating the percentage of inorganic surface in the park strip.
      5.   Park strip prohibited materials include:
         a.   Lawn;
         b.   Asphalt;
         c.   Concrete, except as allowed in subsection (3) above;
         d.   Thorn-bearing plants;
         e.   Except for trees, no plant, monument, boulder, or other object that exceeds three (3) feet in height at maturity is permitted within the sight visibility triangle.
         f.   Retaining walls, fences, steps, and other similar structural encroachments.
      6.   Flexibility Measures: The director may modify the standards of this section to better achieve its intent and address site-specific conditions such as, among other things, steep grades between the curb and sidewalk, the presence of canals or drainage channels, limited access to irrigation, and urban streetscape treatments.
   D.   Water Efficient Landscaping: The city finds that it is in the public's interest to conserve public water resources and promote water efficient landscaping. The purpose of this section is to protect and enhance the community's environmental, economic, recreational, and aesthetic resources by promoting efficient use of water in the community's landscapes, reduce water waste, and establish a structure for designing, installing, and maintaining water efficient landscapes throughout the city.
      1.   Applicability: The following standards shall apply to:
         a.   Front and side yards in single-family (R-1) and two-family (R-2) residential zoning districts.
         b.   In all other zones, these standards shall apply to the entire lot or parcel.
         c.   Lots or parcels in the open space zoning district are exempt from the standards in this section.
      2.    Landscaping Standards
         a.   Irrigation should be appropriate for the designated plant material to achieve the highest water efficiency. Each irrigation valve should irrigate landscaping with similar site, slope and soil conditions, and plant materials with similar watering needs.
         b.   Drip irrigation or bubblers in all landscaped areas except lawn areas are required. Drip irrigation systems are to be equipped with a pressure regulator, filter, flush-end assembly, and any other appropriate components.
         c.   Separate irrigation valves are to be used for lawn and planting beds.
         d.   Irrigation systems shall be controlled by a smart irrigation controller which automatically adjusts the frequency and/or duration of irrigation in response to changing weather conditions. Controllers that are equipped with automatic rain delay or rain shut-off capabilities are recommended.
         e.   Above-ground irrigation shall only be permitted between the hours of eight o'clock (8:00) P.M. and ten o'clock (10:00) A.M. to reduce water loss from wind and evaporation. Special exceptions may be granted by the Director when more frequent watering is necessary to establish newly planted landscape areas.
         f.   Lawn shall not be installed in park strips, paths, or on slopes greater than twenty-five percent (25%) or four to one (4:1) grade and be less than eight (8) feet wide at its narrowest point. Lawn limitations do not apply to small residential lots with less than two hundred and fifty (250) square feet of landscaped area.
         g.   Lawn areas in single-family (R-1) and two-family (R-2) zoning districts shall not exceed thirty-five percent (35%) of the total landscaped area of the front and side yards.
         h.   Outside of active recreation areas, in commercial, industrial, institutional, and multi-family development common area landscapes, lawn areas shall not exceed twenty percent (20%) of the total landscaped area of the lot.
         i.   At least three (3) to four (4) inches of mulch, permeable to air and water, are to be used in planting beds to control weeds and improve the appearance of the landscaping.
         j.   At maturity, landscapes are recommended to have enough plant material (perennials and shrubs) to create at least twenty-five percent (25%) living plant cover at maturity at the ground plane, not including tree canopies.
         k.   Plants selected for landscaping should consist of plants that are well suited to the microclimate and soil conditions.
(Ord. 12-15, 7-11-2012; amd. Ord. 22-08, 8-17-2022; Ord. 23-08, 6-21-2023)

13.25.020: COMMERCIAL, OFFICE, MULTI-FAMILY, AND INDUSTRIAL LANDSCAPING REQUIREMENTS:

   A.   Front Yard: Front yard landscaping is measured from the front property line(s) after any required street dedication. This standard shall apply to all street frontages.
      1.   All Commercial, Office, Multi-Family, And Industrial Districts: In all commercial and industrial zones, a minimum of fifteen feet (15') of front yard landscaping shall be required.
      2.   Berming: The use of berms (random sculptured mounds), twelve (12) to eighteen inches (18") high above the curb level, are required in all front landscape areas where found to be practical by the director.
      3.   Street Trees: Two inch (2") minimum caliper street trees shall be planted in the front park strip area (centered between the sidewalk and the curb to minimize tree conflicts and to maximize tree root zone) where the park strip is a minimum of five feet (5') in width, according to the varieties and spacing specified in applicable standards. Where the sidewalk has been placed against the curb, street trees shall be planted four feet (4') behind the sidewalk.
      4.   Front Landscape: Front landscape areas shall include a combination of trees, rocks, gravel, and plant materials. Plant materials shall cover a minimum of twenty-five percent (25%) of the landscaped area.
   B.   Side And Rear Yards:
      1.   There shall be a minimum of five feet (5') of landscaping between parking areas and side or rear property lines (except between commercial uses where said landscaping is not visible from areas of public access) and a minimum of five feet (5') of landscaping between an access driveway and a side or rear property line unless said driveway is to be used for common access by an adjacent lot.
      2.   Areas not visible from the street shall have one landscape area in the amount of one hundred (100) square feet for every seventy five (75) linear feet of property line not visible from the public right of way.
   C.   Landscaping Within Parking Areas:
      1.   Landscaping within all parking and driveway areas shall comprise a minimum five percent (5%) of the total square footage of those areas. In addition, the required front, side, and rear landscaping (parking area shall be defined to include all asphalt areas with parking spaces and driveways). The placement of this landscaping shall be within parking areas to break up the mass of asphalt as well as adjacent to the building for foundation landscaping. Such landscaping shall not contain lawn and shall be composed of natural elements including ground cover, shrubs, trees (evergreen and deciduous), and combinations of mulch.
      2.   All traffic islands shall be landscaped and be considered as a portion of the required five percent (5%) parking lot landscaping and shall be a minimum of five feet (5') in width.
      3.   Landscape planters and/or raised barrier sidewalks shall be installed along buildings (except where not visible from public access areas or loading areas) and any paved areas where visible from the street to provide safety to pedestrians, to protect the structure, and to provide foundation landscaping to soften a structure's appearance.
      4.   All landscaped areas abutting any paved area shall include a six inch (6") high concrete curb. Concrete bumper stops are not acceptable.
      5.   At intersections of streets, driveways, sidewalks, etc., landscaping shall be limited to a height of not more than three feet (3') above street level within the area required for minimum sight distances for local roads and streets.
   D.   Undeveloped Areas:
      1.   All undeveloped areas shall be maintained free of weeds and trash.
      2.   All expansion areas or pad sites shall be maintained with native seed mix, mulch, or other materials as approved by the director until such time as construction is started on that building pad.
   E.   Adjacent To Residential Districts: A minimum ten foot (10') width of landscaping shall be provided on an applicant's property, including a combination of trees and shrubs (evergreen and deciduous) shall be provided to create a buffer for the adjacent residential district.
   F.   Installation:
      1.   It shall be the responsibility of the developer to grade, place topsoil, seed or sod, install automatic sprinkler irrigation systems, and properly plant trees, shrubs, and other approved plant materials.
      2.   All trees planted on site less than two inch (2") caliper shall be double staked.
      3.   All landscaping shall be completed in accordance with the plans submitted and approved by staff.
         a.   All landscape work must be installed prior to a certificate of occupancy of the building being issued or as otherwise approved by the director as seasonal conditions may dictate.
         b.   The developer shall bond for such landscape improvements as part of the private improvement bond to ensure that installations are completed as submitted and approved.
   G.   Maintenance:
      1.   It shall be the responsibility of the property owner to properly maintain landscaped areas in accordance with the approved site plan and landscape plan which includes watering, mowing, proper pruning, fertilizing, the removal and replacement of dead plant materials in a timely manner, and the maintenance of the irrigation systems to eliminate waste of water.
      2.   All pruning shall be accomplished according to good horticultural standards. Trees shall be pruned to promote healthy trees and to accommodate street maintenance and garbage collection (minimum height over street 131/2 feet and over sidewalks 7 feet) and as necessary to promote healthy growth.
      3.   Unless approval is otherwise provided by the director, trees shall be allowed to attain their normal size and shall not be severely pruned up from the ground or "hat racked" in order to permanently maintain growth at a reduced height. Pruning trees solely for the purpose of exposure is prohibited.
      4.   Pruning trees for traffic safety reasons shall be reviewed and approved by the city engineer.
   H.   Vegetation Removal:
      1.   Once the required landscaping has been installed, it shall not be removed without the approval of the community development department.
      2.   Removed vegetation shall be replaced with equal or better quality plant materials. Trees that are necessarily removed shall be replaced with trees with comparable total caliper. Street trees that are necessarily removed shall be replaced with comparable original landscape plan caliper in compliance with the city street tree guide unless otherwise approved by the director.
      3.   When utility connections or other disturbances are made to existing landscaped areas, the existing landscaping must be replaced to its previous condition. Other modifications of landscaped areas shall require approval by the director.
   I.   Minimum Tree Size: The minimum size of all trees planted on a development site shall be as follows:
      1.   Street Trees: Two inch (2") caliper minimum as measured eighteen inches (18") above grade.
      2.   All Other Trees: All other trees on site, one and one-half inch (11/2") caliper minimum as measured eighteen inches (18") above grade.
      3.   Evergreen Trees: Six foot (6') minimum height above grade.
   J.   Tree Mix: There shall be a mix of evergreen and deciduous trees on all development sites to allow for a green winterscape. A minimum of forty percent (40%) of all trees on the proposed site shall be evergreens where found to be practical by the director.
   K.   Existing Trees:
      1.   The retention of existing healthy, desirable tree species on site is strongly encouraged. Buildings and parking areas should be designed around existing trees, wherever possible.
      2.   A tree survey on an existing site may be required as determined by the director.
   L.   Minimum Number Of Trees: A minimum ratio of one tree per every five hundred (500) square feet of on site landscaping shall be provided on the overall site plan.
   M.   Documentation To Be Submitted For Plan Approval: A landscape plan documentation package shall be submitted to and approved by the director prior to the issuance of any permit. A copy of the approved landscape plan documentation package shall be provided to the property owner or site manager and to the local retail water purveyor. The landscape plan documentation package shall be prepared by a registered landscape architect or a landscape designer. The irrigation plan shall be prepared by an irrigation designer or a landscape architect. The landscape plan documentation package shall consist of the following items:
      1.   Project Data Sheet: The project data sheet shall contain the following:
         a.   Project name and address;
         b.   Applicant or applicant's agent's name, address, phone, e-mail, and fax number;
         c.   Landscape designer/landscape architect's name, address, phone, e-mail, and fax number; and Landscape contractor's name, address, phone, e-mail and fax number.
      2.   Planting Plan: A detailed planting plan shall be drawn at a scale that clearly identifies the following:
         a.   Location of all plant materials, a legend with botanical and common names, and size of plant materials; Property lines and street names;
         b.   Existing and proposed buildings, walls, fences, light poles, utilities, paved areas, and other site improvements; Existing trees and plant materials to be removed or retained; and
         c.   Designation of hydrozones.
      3.   Irrigation Plan: A detailed irrigation plan shall be drawn at the same scale as the planting plan and shall contain the layout of the irrigation system and a legend summarizing the type and size of all components of the system, including manufacturer name and model numbers.
(Ord. 12-15, 7-11-2012; amd. Ord. 23-08, 6-21-2023)

13.25.030: TREE STEWARDSHIP:

   A.   Purpose: The city prides itself on its many areas of public and private landscapes, both natural and enhanced, and recognizes the importance of trees within the community. It is declared to be a policy of the city that:
      1.   City property will be landscaped to enhance the natural beauty of the city.
      2.   Responsibilities of city departments be coordinated to encourage quality landscaping.
      3.   Landscaped city properties be effectively managed.
      4.   The city plant species of trees that are aesthetically pleasing, require less maintenance (so as to prevent damage to sidewalks and streets and reduce risks to pedestrians and motorists), work with utilities, and conserve natural resources.
      5.   The street environment be made hospitable through landscaping.
      6.   Residents of the city be encouraged to participate in beautification efforts through installing and maintaining quality trees and landscaping on private property.
To fulfill this policy, this section is enacted and intended to establish a tree stewardship ordinance. This section may be referred to as the TREE STEWARDSHIP ORDINANCE.
   B.   Urban Forester: The city shall designate a qualified person or entity as the city's urban forester, who shall:
      1.   Be responsible for the long term management, health, maintenance, inventory, planting, and design of city trees in cooperation with the director.
      2.   Foster and maintain partnerships between public and private parties for the benefit of trees.
      3.   Facilitate communication, coordination, cooperation, and education for the stewardship of city and private trees.
      4.   Keep abreast of new information and research in arboriculture.
      5.   Train and supervise city crews or contract providers so the best methods of tree care are practiced in the community.
      6.   Work with engineers, architects, and the community development department during the design phase of development.
   C.   Citizen Responsibilities: Citizens/property owners, occupants, and their agents shall have the following responsibilities for the protection of trees in park strips abutting their real property except in those park strips that are maintained by the city.
      1.   Periodic watering and fertilization of city trees as necessary to maintain good health and vigor.
      2.   Protect city trees in park strips from damage caused by lawn mowers, weed trimmers, snowblowers, and similar equipment.
      3.   Protect city trees in park strips from damage caused by attachment of any items such as signs, nails, wires, ropes, and chains.
      4.   The species of trees planted in the park strips should comply with the city street tree guide or otherwise approved by the director.
      5.   Remove private trees or limbs that have fallen upon a city street, property, or sidewalk.
      6.   Maintain ground covers except in those park strips maintained by the city.
      7.   Notify the city of any hazard tree.
      8.   Raking, cleanup, and properly disposing of leaves that fall from city and private trees so leaf fall does not impede the stormwater system.
      9.   The city shall have no liability for the failure of any tree or landscaping installed by private parties on other than city maintained property.
   D.   City Responsibilities: The city shall assume responsibility for:
      1.   Tree care in city owned and operated parks, on the grounds of city buildings, and in park strips that the city administration has designated will be maintained by the city.
      2.   Pruning of city trees, as necessary, after appropriate notification to property owners.
      3.   Pruning of city trees in the public rights of way and utility easements.
      4.   Removal of diseased or dying city trees that are beyond reclamation.
      5.   Removal of city trees and/or limbs that the city determines to be a hazard after appropriate notification.
      6.   Maintenance of planted areas on city property and specifically designated city rights of way.
   E.   Responsibility For Correcting Private Hazard Trees: Where a hazard tree exists upon private property, the property owner and all other persons having control of the property on which such hazard tree exists shall be responsible to mitigate, abate, remove, or correct the hazard. Any tree that is a hazard tree is a public nuisance.
      1.   It is unlawful for any person, firm, or corporation, either as owner, agent, or occupant, to create, aid in creating, or maintain a hazard tree.
      2.   If the city determines that a particular tree is a hazard tree, the city may give a written notice to the owner, occupant, or agent of any lot, building, or premises in or upon which a hazard tree is found, or to the person who may be the cause of such hazard tree to remove, mitigate, abate, or correct the hazard, including its recommendation as to the most effective method of doing so.
      3.   Notice under this section may be served by personal service or by mailing the notice to the person, firm, or corporation by certified mail (return receipt requested), and posting a copy on the property a minimum of twenty eight (28) calendar days in advance of further action.
      4.   If the hazard tree is not mitigated, abated, removed, or corrected within twenty eight (28) additional calendar days after the notice is complete, the city may mitigate, abate, correct, or remove the hazard tree at the expense of such person, firm, or corporation or may take further action as determined.
      5.   The city may recover the costs and expenses incurred in mitigating, abating, correcting, or removing the hazard tree, serving notice, and the costs of a lawsuit, if any.
      6.   If the person, firm, or corporation disputes or denies the city's determination that the tree is a hazard tree or refuses to remove or permit removal, the city may bring an action to abate the hazard tree as a public nuisance. If the city is granted a judgment, the city may recover the costs of having the public nuisance abated.
      7.   The city, its agents, or employees, if acting in good faith, incur no liability for causing removal of a hazard tree.
      8.   Notice of appeal of the city's determination that a tree is a hazard tree may be filed with the city recorder within ten (10) days of service of the notice to abate. Appeals of the urban forester's decisions shall be heard by the mayor or his designee within fifteen (15) days of receipt of the appeal, which decision is final.
   F.   Protection Of City Trees:
      1.   It shall be unlawful for any person to do any of the following:
         a.   Construct a concrete, asphalt, brick, or gravel sidewalk within eighteen inches (18") of a city tree that damages any part (roots, crown, trunk) of the tree so as to cause injury or death to the tree.
         b.   Fill up the ground area around any city tree so as to shut off air, light, or water from its roots.
         c.   Pile building material, equipment, or other substance on or near a city tree so as to cause injury to the tree.
         d.   Pour or spray any injurious matter on or around a city tree.
         e.   Injure any city tree, tree stake, or guard with any vehicle or animal, or in any other manner causing injury to any city tree, shrub, ground cover, or lawn.
         f.   Post any sign, tree stake, or guard, or by fastening any guywire, cable, or rope to any city tree, tree stake, or guard.
         g.   Prune trees for commercial exposure.
      2.   Any person doing construction, excavation, or demolition work in the near vicinity of a city tree shall protect the tree from injury or damage with a substantial protective barrier. Said barrier shall not be less than four feet (4') high and have a two foot (2') radius or to a distance in feet from the tree equal to the diameter of the tree trunk in inches measured four and one- half feet (41/2') aboveground, whichever is greater. All building materials, extra dirt, or other debris shall be kept outside the barrier. The city engineer must be consulted about any deviation to this standard.
      3.   No person shall use a city tree for any unauthorized purpose.
   G.   Trees Planted In Park Strips: Trees planted in park strips or other public rights of way should be in conformance with the streetscape plan.
   H.   Interference With Service: It shall be unlawful for any person to interfere with city personnel or city contractors under the direction of the city's designee in the performance of their duties.
   I.   Preservation Of Trees During Development: Tree surveys must identify both city and private trees or groves of trees of at least two inch (2") caliper and shall indicate which, if any, may be preserved or relocated. Where practically possible, site designs should be modified to accommodate significant tree cover. Proper care should be taken during the construction phase to protect tree root zones from compaction and excessive excavation. Clear cutting an area of trees on a site will not be allowed unless determined appropriate by the director.
   J.   Violation And Penalty: Any person who violates any provision of this chapter shall be guilty of an infraction. In addition to other remedies provided for herein or otherwise provided by law, if the violation of any provision of this chapter causes the injury, mutilation, or death of a tree, shrub, or other plant located on city owned or maintained property, the violating party shall pay the cost of repair or replacement of such tree, shrub, or other plant. The replacement value of trees and/or shrubs shall be determined in accordance with the latest edition of the "Guide For Plant Appraisal" as published by the International Society Of Arboriculture. The city may pursue criminal or civil actions against any person or entity who violates this chapter as is deemed appropriate, including abatement or injunctive relief. (Ord. 12-15, 7-11-2012)