(a)
Purpose.
Landscaping is accepted as adding value to property and is in
the interest of the general welfare of the City. The City Council
of the City of Lancaster has declared that a goal for the City is
to provide an optimal quality of life for all citizens of Lancaster
by improving the appearance of the City through increased public and
private landscaping and reducing litter.
(b)
Intent.
These landscaping regulations provide standards and criteria
for new landscaping with live plant material, and are intended to
promote the value of property, enhance the general welfare, improve
the physical appearance of the City, and enhance the community's ecological,
environmental and aesthetic qualities. It is further the intent of
this Article:
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To establish requirements for the installation and maintenance
of landscaping elements and other means of site improvement on existing
and newly developed property in order to enhance the community's ecological,
environmental and aesthetic qualities:
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To reduce the negative effects of increases in air temperatures,
glare, noise, erosion and sedimentation caused by expanses of impervious
and non-vegetated surfaces within the urban environment;
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To preserve and improve the natural urban environment by recognizing
that the use of landscaping elements can contribute to the processes
of air purification; oxygen regeneration; groundwater recharge; stormwater
runoff retardation; and the abatement of noise, glare and heat;
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To safeguard and enhance property values and protect public
and private investment; and
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To support water conservation.
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(Ordinance 2017-06-21, sec. 2 (14.801),
adopted 6/26/17)
(a)
Applicability.
(1)
Except
as otherwise provided herein, this article applies to all uses on
a lot when an application for a building permit for work on the lot
is made.
(2)
This
article does not apply to:
(1)
Any property with a previously approved landscape and/or site plan
prior to adoption of this article, unless such plan is required to
be resubmitted for consideration; and
(2)
Restoration of a building that has been damaged by fire, flood, explosion,
riot, act of the public enemy, other natural disaster, or accident
of any kind, if said structure may be restored under the nonconforming
use provisions of the Comprehensive Zoning Ordinance. For purposes
of this Subsection, restoration means the act of putting back into
a former or original state.
(3)
Planned
Development Districts.
Landscaping requirements consistent
with the standards and purposes of this article shall be a part of
all ordinances establishing or amending planned development districts,
unless otherwise approved by the City Council.
(4)
Exceptions.
The Planning and Zoning Commission
may grant a special exception to the requirements upon evidence presented
that:
(a)
Strict compliance with the requirements of this article will unreasonably
burden the use of the property;
(b)
The requirements are not imposed by a site-specific landscape plan
approved by the Planning and Zoning Commission or City Council; or
(c)
The extent to which other existing or proposed amenities will compensate
for the reduction of landscaping.
(5)
Permits.
(a)
No permit shall be issued for building, paving, grading, construction
or reconstruction until a detailed landscape plan complying with this
section is approved by the building official. Prior to the issuance
of a certificate of occupancy, all landscaping shall be in place in
accordance with the approved landscape plan.
(b)
If the Building Official determines that it would be impractical
to plant trees, shrubs or grass or to lay turf, due to adverse weather
conditions or the season of the year, a temporary certificate of occupancy
may be issued. Issuance of a temporary certificate of occupancy will
be subsequent to receipt of a letter of agreement from the property
owner, tenant and/or agent agreeing to compliance with the terms of
this section stating when the installation shall occur, and a letter
of credit or bond for one hundred fifty percent (150%) of the estimated
cost of the landscaping. All required landscaping shall be installed
within six (6) months of the date of the issuance of the temporary
certificate of occupancy.
(Ordinance 2017-06-21, sec. 2 (14.802),
adopted 6/26/17)
(a)
Landscape
Plan Required.
A landscape plan shall be submitted to
the City for approval by the Director of Development Services or designee
prior to the issuance of a building, paving, grading or construction
permit. The Director or designee shall review the landscape plan to
determine compliance with the criteria of these regulations. If the
plans are not in compliance, they shall be disapproved and shall be
accompanied by a written statement setting forth the changes necessary
for compliance.
(b)
Plan
Content.
Landscape plans shall be prepared by a registered
Landscape Architect knowledgeable in plant material usage and landscape
design (e.g., landscape architect, landscape contractor, landscape
designer) and shall contain the following minimum information in the
form and number as prescribed by the City:
(1)
Date,
scale, north arrow, and the names, addresses, and telephone numbers
of both the property owner and the person preparing the plan.
(2)
Project
name, street address, and lot and block description.
(3)
Location
of existing boundary lines and dimensions of the lot, street address,
approximate centerline of existing watercourses and the location of
the 100-year floodplain, if applicable; the approximate location of
significant drainage features; and the location and size of existing
and proposed streets and alleys, utility easements, driveways and
sidewalks on or adjacent to the lot.
(4)
Location,
height, and material of proposed screening and fencing (with berms
to be delineated by one-foot contours).
(5)
Locations
and dimensions of proposed landscape buffer strips.
(6)
Complete
description of plant materials shown on the plan, including names,
locations, quantities, container or caliper sizes at installation,
heights, spread, and spacing. The location and type of all existing
trees on the lot over six inches in caliper must be specifically indicated.
(7)
Complete
description of landscaping and screening to be provided in or near
off-street parking and loading areas, including information as to
the amount (in square feet) of landscape area to be provided internal
to parking areas, the total square footage included in the parking
area, and the number and location of required off-street parking and
loading spaces.
(8)
A
computation or table showing the landscaping that is required and
the landscaping being provided.
(9)
Location
and description, by type and size, of existing trees proposed to be
retained. Such trees shall be marked and drip line of said trees shall
be protected prior to and during all construction, including all dirt
work.
(10)
Size, height, location and material of proposed seating, lighting,
planters, sculptures, water features and landscape paving and other
site amenities.
(11)
Identification of visibility triangles on the lot for all driveway
intersections with public streets.
(12)
Trees relocated on-site must be identified with their existing and
proposed locations.
(13)
Location of centerlines of overhead and underground utility lines
adjacent to and within the building site, and the location of all
utilities, utility easements, including the location of utility poles,
generators, and equipment.
(Ordinance 2017-06-21, sec. 2 (14.803),
adopted 6/26/17)
(a)
Right-of-way
Landscaping Requirements.
(1)
Streetscape
Buffer.
A Street Landscape Buffer strip with a minimum
width of 6 feet, must be provided along the entire length of the property
to be developed, between the back-of-curb and sidewalk, that is adjacent
to any residential land use. This shall also apply to all commercial
land uses where there is no adjacent on-street parking. This shall
be exclusive of driveways and access-ways.
(2)
Street
Tree Requirement.
Large shade trees, as defined in Section 8.05 for rights-of-way, shall be provided in the required buffer in numbers equal to one tree for each fifty feet of street frontage.
(A)
When the location of local utility prohibits planting large trees,
two small trees may be planted for each large tree.
(3)
Other
Landscaping.
All street rights-of-way located adjacent
to the development shall be improved with grass or ground cover material
and shall be maintained. It shall be the responsibility of the developer
to design the irrigation system within the lot to ensure that the
grass placed in the right-of-way is watered and maintained and to
ensure that minimal water will enter the street itself. The designer
of the irrigation system shall base the design on the ultimate proposed
width of the street when designing the system. The plans for design
of the irrigation system shall be approved by the City prior to installation.
(b)
Required
Site Landscaping.
(1)
Minimum
Landscaping Requirements.
(A)
Area Required.
For all nonresidential and multi-family
(with more than 6 units) parcels, at least twenty percent (20%) of
the site shall be permanently landscaped. All of the required landscaped
area shall be located in the Street Yards, side yards and parking
lots.
(B)
Trees Required.
At least one large tree shall be provided
as follows:
(1)
Street Yards Less than 10,000 square feet.
In Street
Yards of less than ten thousand (10,000) square feet, one (1) tree
per one thousand (1,000) square feet, or fraction thereof, of Street
Yard.
(2)
Street Yards More than 10,000 square feet.
In Street
Yards of more than ten thousand (10,000) square feet, ten (10) trees
plus one (1) tree per two thousand (2,000) square feet, or fraction
thereof, of Street Yard area over ten thousand (10,000) square feet.
(3)
Credits for Existing Trees.
Any trees not listed on
the City's non-Protected Tree list that are preserved on a site may
be credited toward meeting the tree requirement of any landscaping
provision of this section according to the following table:
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Diameter
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Credit Toward
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6" to 8"
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1.0 tree
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9" to 30"
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1.5 trees
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31" to 46"
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2.0 trees
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47" or more
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3.0 trees
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Note 1: Tree diameter shall be measured
four and one-half feet (4-1/2') above natural grade.
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Note 2: Due to their limited height and
size, mesquite trees will receive only fifty percent (50%) of the
above credit for tree preservation.
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(4)
Ornamental Trees.
Two (2) ornamental trees may be substituted
for one (1) required large tree. Not more than fifty percent (50%)
of the required large trees may be substituted by installing ornamental
trees. Ornamental trees shall be a minimum of six feet (6') in height
at the time of planting.
(5)
Shrubbery Required.
At least one shrub shall be required
for every fifty (50) square feet of the required landscape area. Placement
of such shrubbery shall be taken into consideration as to the plant
at full maturity, and be located so as not to conflict with vehicular
or pedestrian traffic visibility.
(6)
Ground Cover Required.
At least ten percent (10%) of
the required landscape area shall be maintained in ground cover. The
remaining landscape area shall be maintained in lawn grasses and mulch
used around bedding plants, shrubs and trees.
(C)
Location of Landscaping. No less than thirty
percent (30%) of the total requirement shall be located in front of
and along the side of buildings with street frontage in Multi-family
and Commercial zoning districts, including the ORT district. One hundred
percent (100%) of the total requirement shall be located in front
of and along the side of buildings with street frontage in Industrial
zoning districts, not including the ORT district.[1]
(D)
Detention Basins. Detention basins shall be
landscaped in a natural manner using grown [ground] cover, grasses,
shrubs and trees in all dry land areas. There shall be a minimum of
one (1) tree for each 750 square feet of dry land area.[2]
(1)
In the interest of public health, detention basins should be used
sparingly and alternative methods of collecting and filtering stormwater
should be considered as not to promote standing water.
(c)
Landscaping
for Nonresidential Land Uses.
(1)
Screening
of Parking.
Where on-site parking is located adjacent
to a street, roadway or public open space, a minimum ten-foot (10')
landscape buffer is required between the property lines and any parking,
paving or internal driveways. Driveway openings are permitted in the
landscape buffer area. The area of the landscaped buffer may be included
in the total required landscape area for the lot.
(A)
Location.
The landscaped buffer requirement shall apply
to all sides of the lot adjacent to a public street, open space or
right-of-way.
(B)
Screen.
The screening shall be between a minimum height
of three feet (3') and a maximum of four feet (4') above the grade
of the parking lot and located adjacent to the parking lot. Screening
shall be opaque and consist of shrubs and/or berms.
(2)
Internal
Parking Lot Landscaping.
It is the intent of this subsection
to encourage the high-quality design and construction of parking areas
in the City. It is also the intent of this section to aid in the abatement
of noise, glare and heat associated with large expanses of hard paved
surfaces and motor vehicles.
(A)
Parking Lot Landscape Area.
Parking lot landscape area
requirements shall be on the percentage of parking located between
the building facade and the R.O.W.:
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Less than 25% = 15 sq. ft. per parking stall
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25% - 75% = 20 sq. ft. per parking stall
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Greater than 75% = 30 sq. ft. per parking stall
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Notwithstanding the standards above, the parking lot
landscaping area requirement may be reduced by fifty percent (50%)
for that portion of parking located behind the building's or development's
primary facade.
(B)
Distribution of Islands, Peninsulas and Medians.
The
number, size and shape of islands, peninsulas and medians, in both
street and non-Street Yards shall be at the discretion of the property
owner or applicant. All required islands, peninsulas and medians shall
be more or less evenly distributed throughout such parking areas.
However, the distribution and location of landscaped islands, peninsulas
and medians may be adjusted to accommodate existing trees or other
natural features so long as the total area requirements for landscaped
islands, peninsulas and medians for the respective parking areas above
are satisfied.
(1)
Planter islands shall have a minimum width of ten feet (10') from
edge of pavement to edge of pavement unless used as a landscape buffer
between parking bays, which shall be a minimum of five feet (5') in
width.
(2)
No required parking space may be located more than eighty feet (80')
from the trunk of a large canopy tree. Notwithstanding the minimum
planter dimension above, where required to meet this standard, the
minimum size tree planting area shall be five (5) feet square and
only trees approved for use in street rights-of-way may be used.
1.
The center of no tree may be planted closer than two and one-half
feet (2-1/2') to the pavement.
 EXAMPLE OF A LANDSCAPE BUFFER BETWEEN PARKING BAYS
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(C)
Planting Requirements.
All planter islands in parking
areas shall contain a minimum of one (1) canopy tree with the remaining
area in shrubs, ground cover, grasses or seasonal color. Planter islands
which have light poles for lighting the parking areas may substitute
two (2) understory/accent trees for the required canopy tree.
(3)
Screening
of Off-Street Loading Docks.
(A)
Off-street loading docks in Commercial and Industrial zoning classifications
must be screened from all public streets and open space, and any residential
district that abuts or is directly across a public street or alley
from the lot.
(B)
Screening may be achieved by any method listed above, but must be
at least 8 feet (8') in height.
(4)
Screening
of Trash Dumpsters.
All refuse storage areas for trash
dumpsters shall be visually screened by a solid masonry fence not
less than 6 feet (6') in height. Six-inch (6") concrete filled steel
protective poles shall be placed at possible impact areas. The access
area shall not face a public street unless otherwise approved during
site plan approval.
Dumpster storage should be located to the rear of building with
proper access. Trash dumpsters shall not be located in any required
parking space and shall allow proper access by service trucks. Dumpster
pad sites shall be designed to City standards specified in the Subdivision
Standards of Design.
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(5)
Screening
from Residential Uses.
(A)
Any Commercial or Industrial use or parking lot that has a side or
rear contiguous to any Residential district, shall be screened with
a masonry fence (excluding tilt wall or concrete block unless approved
by the Planning and Zoning Commission) which is a minimum of six feet
(6') in height, unless otherwise approved by the Planning and Zoning
Commission. Berms in conjunction with a fence can be utilized to meet
this requirement. Any ordinances concerning sight obstructions of
intersections shall be applicable to the screen where it is intersected
by a street, alley or driveway.
(B)
Prior to construction of any required screens, complete plans showing
type of material, depth of beam, and structural support shall be reviewed
by the Director to determine whether or not:
(C)
Such screen shall be constructed prior to the issuance of a Certificate
of Occupancy for any building or portion thereof.
(D)
The areas adjacent to the required screening wall, or areas adjacent
to a public street or right-of-way, shall be maintained by the property
owner in a clean and orderly condition, free of debris and trash in
accordance with the applicable codes of the City.
(6)
Special
Requirements for Facilities with Gasoline Sales.
(A)
Gasoline service stations, retail gasoline sales and other similar
uses as determined by the Director shall require a minimum landscaped
area of fifteen percent (15%) of the total lot area.
(B)
Gasoline service stations and other retail gasoline sales shall also
provide a minimum six hundred (600) square foot landscaped area at
each driveway intersection and at each corner of the lot adjacent
to a street frontage. This additional landscaped area may be counted
toward the minimum fifteen percent (15%) requirement.
(d)
Dimensions
of Landscaping.
All required landscaping shall be no
less than five feet (5') wide and a minimum of 25 square feet in area.
(Ordinance 2017-06-21, sec. 2 (14.804),
adopted 6/26/17)
(a)
General.
(1)
No
Artificial or Synthetic Plant Material.
No artificial
or synthetic plant materials may be used to satisfy the requirements
of this article.
(2)
Soil
and planting area requirements.
(A)
In general.
Planting areas dedicated to the growth of
roots may include open space areas, covered soil areas, root paths,
and drainage.
(B)
Planting area requirements, except as provided in this section, must
meet the following requirements.
(1)
For each small tree installation, a minimum of 24 inches (24") of
soil depth and 25 square feet of open soil area (total of 50 cubic
feet).
(2)
For each medium and large tree installation, a minimum of 36 inches
(36") of soil depth and 200 square feet of open soil area (total of
600 cubic feet).
(3)
Trees may share open soil area.
(4)
Large trees and medium trees must be planted a minimum of four feet
(4') from pavement.
(5)
The planting area must have native soil, prepared soil, or structural
soil, and may include permeable pavement, sidewalks support systems,
and soil cells.
(C)
Waivers.
The Director of Development or designee may
waive the minimum open soil and planting area requirements if a landscape
architect certifies that:
(1)
The proposed alternative soil depth and dimensions are sufficient
to support the healthy and vigorous growth of the plant material affected;
(2)
The depth to impermeable subsurface prohibits minimum soil depth
requirements; or
(3)
That the proposed structural soil or suspended pavement system are
sufficient to support healthy and vigorous growth of the plant material.
(3)
Approved
Plant List.
(A)
Plant materials shall conform to the standards of the American Standard
for Nursery Stock. Grass seed, sod and other material shall be clean
and reasonably free of weeds and noxious pests and insects. Plant
materials used to satisfy the requirements of this article must comply
with the following minimum size requirements at the time of installation:
(B)
A list of acceptable plant material will be maintained by the City
and updated annually to ensure it is in coordination with industry
standards.
(C)
All required landscaped open areas shall be completely covered with
living plant material. Landscaping materials such as wood chips and
gravel may only be used under trees, shrubs and other plants.
(D)
Trees.
All trees shall comply with the following:
(1)
A maximum of 35 percent (35%) of the required or replacement trees
planted on a lot or tract may be of a single species.
(2)
Palm trees may not be used to satisfy the requirements of this article.
(3)
Invasive plant material is prohibited in required landscapes[.]
(4)
A large tree shall have a caliper measuring at least three inches
(3") in caliper when measured six inches (6") above the ground.
(5)
An ornamental tree shall measure at least one inch (1") in caliper
when measured six inches (6") above the ground.
(E)
Shrubs.
Shrubs except of the dwarf variety shall be
a minimum of two feet (2') in height when measured immediately after
planting. Hedges, where installed for screening purposes, shall be
planted and maintained so as to form a continuous, unbroken, solid
visual screen which will reach the required height within one (1)
year after the time of planting.
(F)
Vines.
Vines not intended as ground cover shall be a
minimum of two feet (2') in height immediately after planting and
may be used in conjunction with fences, screens or walls to meet landscape
screening requirements.
(G)
Grass.
Grass areas shall be sodded, plugged, sprigged,
hydro-mulched or seeded. However, solid sod shall be used in swales,
on earthen berms or in other areas subject to erosion.
(H)
Ground Cover.
Ground cover used in lieu of grass in
whole and in part shall be planted in such a manner as to present
a finished appearance and reasonably completed coverage within one
(1) year of planting.
(I)
Berms.
Earthen berms shall have side slopes not to exceed
33 percent (33%) or 3:1 slope. All berms shall provide necessary drainage
provisions which shall also be shown on any required site drainage
plans.
(J)
Obstruction Prohibited.
All placement of landscaping
materials, with the exception of turf and grass covered areas, shall
be designed so that any interference with pedestrians loading and
unloading in designated parking areas is minimized; and so that the
normal parking of vehicles and opening of doors in designated parking
areas will not open into or damage the landscaping materials.
(K)
Height.
For purposes of this subsection, "height" is
measured from the root crown or, if the plant is in a container, from
the soil level in the container.
(b)
Xeriscape
Landscaping:
1.
Xeriscape
landscaping is an innovative, comprehensive approach of landscaping
to promote water conservation. Xeriscape landscaping incorporates
seven basic principles: planning and design, soil analysis, appropriate
plant selection, practical turf areas, efficient irrigation, use of
mulches and appropriate maintenance. These principles are explained
below in the order a landscape planner or property owner would consider
installing the best possible landscape. Each principle must be considered
during the planning and design phase, as the sequence of installation
is also very important is assuring a successful xeriscape.
a.
Planning
& Designing:
To get the look and function wanted
while conserving water, create a landscape design. Draw the yard,
including the locations of existing structures, trees, shrubs, and
grass areas. Then, consider parts of the yard, how it should look,
the amount of maintenance desired and the associated budget.
b.
Evaluate
soil and improve if necessary:
Soils can vary within
a given site; an analysis based on random sampling can provide information
for plant selection and soil amendments. The soils in North Texas
range from clay to sand, and both are low in organic material. Whether
clay or sand, the soil in your landscape will benefit from the addition
of sphagnum peat moss, compost, aged manure or other decomposed organic
materials. This will improve root development and water penetration
and retention. Consult with a local nursery or County Extension Office
on how to improve the soil before planting and installing the irrigation
system.
c.
Use
appropriate plants:
Most plants have a place in xeriscape
even those that have high water needs. Plant selection should be based
on the plant's adaptability to the existing conditions present at
the landscaped area and native plant communities particularly considering
appropriate hardiness zone, soil type and moisture conditions, light,
mature plant size, desired effect, color and texture. Plant species
that are drought and freeze tolerant are preferred. Use of more plants
with low water needs and native plants will allow the maximum water
conservation. A list of approved plant material can be found in Appendix
L in the "Tree Technical Manual: Arboricultural Specifications &
Standards of Practice."
d.
Create
practical turf areas:
The type and location of turf areas
should be considered a major design element of the landscape. The
selection and location of turf should be decided on the same basis
as other plantings, such as your purpose and function of the landscape.
The reduction or elimination of high water use turf areas and locating
them separately so that they may be watered more efficiently, can
result in significant reductions in water use. Turf grass areas shall
be consolidated and limited to those areas on the site that receive
pedestrian traffic and provide for recreation use.
e.
Water
efficiently:
If an irrigation system is to be installed,
it should be well planned and well managed. Turf areas should be watered
separately. Group plants with like water needs, and water each group
on separate zones. Not all plants need the same amount of water. Irrigation
needs change with the season and the weather. Irrigate according to
the needs of the plants rather than watering on a fixed schedule.
Even plants used in xeriscape will require supplemental irrigation
until they become established, which can take between two to three
years.
f.
Use
organic mulch:
Mulch minimizes evaporation, reduces weed
growth, slows erosion and helps prevent soil temperature fluctuations.
Organic mulch such as wood chips or bark is best and although this
mulch will decompose slowly over time, it will improve the soil by
adding nutrients. The use of plastic is not recommended because it
will cause organic mulch to slide or shift in location, preventing
air and water from filtering into the soil, causing increased water
runoff. Inorganic mulch, such as rock, should be used sparingly. Surrounding
a home with rock will increase the temperatures, making the environment
too warm for plants and people.
g.
Maintain
appropriately:
Proper pruning, weeding, and fertilization,
plus attention to the irrigation system, will preserve and enhance
the quality of xeriscape. A landscape adapted to the environment will
require less maintenance, less fertilizer and reduce the use of pesticides
and other chemicals.
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Develop a general maintenance schedule
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Reapply organic mulches once a year.
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Mow when your grass is at the appropriate height, removing no
more than one-third of the blade.
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Learn best practices for mowing turf grass.
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Fertilize your lawn, shrubs, and trees at the proper times and
use the correct amount.
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Check your irrigation system periodically to ensure it is operating
efficiently.
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Maintain your yard tools.
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2.
Any planned
and maintained area that contains xeriscape plants must have visible
physical borders around the boundaries of the permitted use accent
areas. The physical borders of the permitted use accent areas must
be sufficient in depth and height to maintain separation of xeriscape
plants and turf grasses. It will be the responsibility of the land
owner to keep xeriscape plants from growing or hanging over the borders
in a manner that prevents visibility of the borders.
3.
In order
to reduce excessive water use, Xeriscape landscaping is encouraged.
The total square footage of the required landscape area may be 100%
xeriscape landscaping, if all landscaping materials are from the xeriscape
landscaping approved list attached as Appendix L [not printed herein].
(c)
Distance
from overhead electric distribution lines.
(1)
Large
and medium trees must be planted a minimum of 30 feet (30') from the
closest point of an overhead electric distribution line.
(d)
Adequate
space.
All trees must be planted with adequate space
to allow unobstructed growth to maturity.
(e)
Protection
of Landscape Areas.
(1)
Protection
of Landscaping.
Required landscape areas must be protected
from vehicular traffic through the use of concrete curbs, or other
permanent barriers. Vehicular wheels shall be prevented from extending
into landscaped areas.
(2)
Nonresidential
Development.
(A)
During any construction or land development, the developer shall
clearly mark all trees to be preserved on-site and may be required
to erect and maintain protective barriers around all such trees or
group of trees. No living trees greater than eight inches (8") in
caliper may be cut, destroyed or damaged on the development site until
approved as part of the landscape plan.
(B)
The developer shall not allow the movement of equipment or the storage
of equipment, materials, debris or fill to be placed within the drip
line of any trees.
(C)
During the construction stage of development, the developer shall
not allow the cleaning of equipment or material under the canopy of
any tree or group of trees to be preserved. The developer shall not
allow the disposal of any waste material such as, but not limited
to, paint, oil, solvents, asphalt, concrete or mortar under the canopy
of any tree or group of trees to be preserved.
(D)
No attachments, nails, screws or wires of any kind, other than those
of a protective nature, shall be attached to any tree.
(3)
Residential
Development.
(A)
Prior to any land development, the developer shall clearly mark all
trees to be preserved on-site and may be required to erect and maintain
protective barriers around all such trees or groups of trees. No living
trees greater than eight inches (8") in caliper may be cut, destroyed
or damaged on the development site until approved as part of the preliminary
plat.
(B)
No land may be proposed for development within twenty-four (24) months
of having been cleared for agricultural purposes.
(C)
During the construction stage of development, the developer shall
not allow the cleaning of equipment or material under the canopy of
any tree or groups of trees to be preserved. The developer shall not
allow the disposal of any waste materials such as but not limited
to paint, oil, solvents, asphalt, concrete or mortar under the canopy
of any trees or groups of trees to be preserved.
(D)
No attachments, nails, screws or wires of any kind, other than those
of a protective nature, shall be attached to any tree.
(f)
Irrigation
Requirements.
(1)
General.
(A)
All landscape irrigation shall be designed by a registered licensed
irrigator.
(B)
The owner shall be responsible for the health and vitality of plant
material through irrigation of all landscaped areas and plant materials,
and shall
(1)
Provide a moisture level in an amount and frequency adequate to sustain
growth of the plant materials on a permanent basis.
(2)
Be in place and operational at the time of the landscape inspection
for Certificate of Occupancy.
(3)
Be maintained and kept operational at all times to provide for efficient
water distribution.
(2)
Irrigation
Methods.
(A)
Landscaped Areas.
One of the following irrigation methods
shall be used to ensure adequate watering of plant material in landscaped
areas:
(1)
Conventional System.
An automatic or manual underground
irrigation system which may be a conventional spray or bubbler type
heads.
(2)
Drip or Leaky-Pipe System.
An automatic or manual underground
irrigation system in conjunction with a water-saving system such as
a drip or a leaky-pipe system.
(3)
Temporary and Above-Ground Watering.
Landscape areas
utilizing xeriscape plants and installation techniques, including
areas planted with native grasses and wildflowers, may use a temporary
and above-ground system, and shall be required to provide irrigation
for the first two growing seasons only.
(B)
Natural and Undisturbed Areas.
No irrigation shall be
required for undisturbed natural areas or undisturbed existing trees.
(Ordinance 2017-06-21, sec. 2 (14.805),
adopted 6/26/17; Ordinance
2018-11-46 adopted 11/12/18)
(a)
Visibility
Triangles.
A landscape plan showing the plan of the street
on both sides of each proposed drive/street to the proposed development
with the grades, curb elevations, proposed street/drive locations,
and all items (both natural and man-made) within the visibility triangles
as prescribed below shall be provided with all site plans, if they
are not on engineering plans that are submitted at the same time.
This plan shall show no horizontal or vertical restrictions (either
existing or future) within the areas defined below.
(b)
Visibility
Triangles–Defined.
No fence, wall[,] screen, billboard,
sign face, tree or shrub foliage, berm, or any other item, either
man-made or natural shall be erected, planted, or maintained in such
a position or place so as to obstruct or interfere within the following
minimum standards; however, on non-residentially zoned lots, a single
pole for mounting a sign may be placed within this area provided the
pole does not exceed 12 inches (12') in diameter, and provided every
portion of the sign has a minimum height clearance of 9 feet (9'):
(1)
Vision
at all intersections which intersect at or near right angles shall
be clear at elevations between twenty-four inches (24") and nine feet
(9') above the top of the curb elevation, within a triangular area
formed by extending the two curb lines from their point of intersection,
for the following minimum distances for the applicable intersection,
and connecting these points with an imaginary: line, thereby making
a triangle. If there are no curbs existing, the triangular area shall
be formed by extending the property lines from their point of intersection
for a distance as prescribed below, and connecting these points with
an imaginary line, thereby making a triangle as shown below.
(2)
Intersection
of Two Public Streets - the minimum required distance from the curb
shall be 30 feet (30') and the minimum distance from the property
line on streets without a curb shall be 20 feet (20').
(3)
Intersection
of a Public Street and an Alley - the minimum required distance measured
from the property line shall be 15 feet (15'), or 25 feet (25') from
street curb.
(4)
Intersection
of Private Drive and Public Street - the minimum required distance
from the curb shall be 15 feet (15') and the minimum distance from
the property line on streets without a curb shall be 10 feet (10').
(5)
Intersection
of Private Drive and an Alley - the minimum required distance measured
from the property line shall be 10 feet (10').
(c)
Sight
Distance Requirements.
The City hereby adopts the standards
for both vertical and horizontal sight distance requirements set forth
in the 1984 Edition of AASHTO Green Book, "A Policy on Geometric Design
of Highways and Streets" for the construction of both public street
intersections and private drive intersections, unless otherwise approved
by the City Engineer. If, in the opinion of the City Engineer, a proposed
street or drive intersection may not meet these standards, additional
engineering information exhibiting how the standards have been addressed
may be required for submission and approval by the City's Engineer.
 |
(Ordinance 2017-06-21, sec. 2 (14.806),
adopted 6/26/17)
(a)
In Accordance
with Approved Plans.
Except as otherwise provided herein,
all landscaping must be completed in accordance with the approved
landscape plan before a Certificate of Occupancy may be issued for
any building on the lot.
(b)
Escrow
and Assurance.
If, due to circumstances beyond the property
owner's control, the required landscaping cannot be installed prior
to completion of the building and if the property owner provides the
building official with documented assurance that the landscaping will
be completed within six months and the funds required to complete
the project are placed in escrow with the City, the building official
may issue one six-month temporary Certificate of Occupancy and permit
the property owner to complete his landscaping during the six-month
period. For purposes of this Subsection, "documented assurance" means
a copy of a valid contract to install the landscaping in accordance
with the landscape plan within the six-month period. The City shall
hold the funds in escrow until such time as the landscaping is completed
in accordance with the approved plan.
(c)
Forfeiture
of Escrow.
If a temporary Certificate of Occupancy is
issued, and, at the end of the six-month period, no permanent Certificate
of Occupancy has been issued because the landscaping has not been
installed in accordance with the landscape plan, the property owner
shall be deemed in violation of this article, the funds placed in
escrow shall be forfeited, and the City shall issue a citation for
said violation, unless an extension is granted by the City Manager.
(Ordinance 2017-06-21, sec. 2 (14.807),
adopted 6/26/17)
(a)
Maintenance
Requirement.
(1)
Maintenance
of Landscaping.
(A)
The owner, tenant and/or their agent, if any, shall be jointly and
severally responsible for the maintenance of all landscaping. The
owner, tenant and/or their agent is responsible for regular mowing,
edging, pruning, fertilizing, watering, weeding and other such activities
common to the maintenance of landscaping.
(B)
All required landscaping shall be maintained in a neat and orderly
manner at all times. Landscaped areas shall be kept free of trash,
litter, weeds and other such material or plants not a part of the
landscaping. All ?plant material shall be maintained in a healthy
and growing condition as is appropriate for the season of the year.
(2)
Replacement
of Dead Plant Materials.
Plant materials which die shall
be removed and replaced with plant material of similar variety and
size within sixty (60) days. Trees with a trunk diameter in excess
of six inches (6") measured twenty-four inches (24") above the ground
may be replaced with ones of similar variety having a trunk caliper
of no less than three inches (3") measured twenty-four inches (24")
above the ground. A time extension may be granted by the building
official for conditions relating to a season of the year per the requirements
of this section.
(b)
Enforcement.
Failure to maintain any landscape area in compliance with this
section is considered a violation of this article and shall be subject
to penalties of this article. If at any time after the issuance of
a certificate of occupancy the approved landscaping is found to be
in nonconformance to the standards and criteria of this section, the
building official or designee shall issue notice to the owner, tenant
and/or their agent citing the violation and describing the action
required to comply with this section.
(c)
Utility
Lines and Rights-of-Way.
Any damage to utility lines
resulting from the negligence of the property owner, his agents, or
employees in the installation and maintenance of required landscaping
in a utility easement is the responsibility of the property owner.
If a public utility disturbs a landscaped area in a utility easement,
it shall make every reasonable effort to preserve the landscaping
materials, and return them to their prior locations after the utility
work. If, nevertheless, some plant materials die, it is the obligation
of the property owner to replace the plant materials.
(Ordinance 2017-06-21, sec. 2 (14.808),
adopted 6/26/17)
