Chapter 17.07

LANDSCAPING REGULATIONS

Section:

17.07.010 Purpose

17.07.020 Landscape Plan Approval

17.07.030 Failure to Complete Required Landscaping - Inspection

17.07.040 General Landscape Requirements for all Zones

17.07.050 Types of Landscaping

17.07.060 Regulations for Specific Districts

17.07.070 Maintenance of Landscaping

17.07.010 Purpose:

A. The provisions of this chapter are to provide minimum standards for landscaping in order to maintain and protect property values and enhance the general appearance of the Town in all zoning districts except single-family districts.

B. The Town Planner shall have the authority to waive specific requirements or impose additional requirements in unique or special circumstances to ensure the fulfillment of the stated purpose of this chapter and to allow for flexibility and innovation of design. Special circumstances or unique conditions shall be reviewed with the Town Planner prior to submittal of a landscape plan. Examples of special conditions might include:

1. Preservation of unique wildlife habitat.

2. Preservation of natural or native areas.

3. Compliance with special easements.

4. Renovation of existing landscaping.

5. Unique site uses.

17.07.020 Landscape Plan Approval:

A. A building permit shall not be issued until the Town Planner has approved the landscaping plan.

B. At the time of development plan review, the Town Planner shall review specific landscape requirements with the owner or his representative.

17.07.030 Failure to Complete required Landscaping - Inspection:

A. Failure to complete all of the required landscaping or any part of it within six (6) months of the building occupancy, issuance of the certificate of occupancy or the Town’s Building Inspector's final inspection shall constitute a zoning violation.

B. It shall be the responsibility of the project manager or business owner to contact the Town Planner upon completion of the landscaping work and request an inspection.

C. The Town Planner may inspect the landscaping upon request of the project manager or business owner or at any time after the six-month expiration date.

17.07.040 General Landscape Requirements for all Zones:

A. All parking areas of over twenty thousand (20,000) square feet shall have a minimum of ten (10) percent of the parking area, maneuvering area and loading space landscaped as a means to reduce the barren appearance of the lot and to reduce the amount of stormwater runoff. Fifty percent (50%) of the perimeter landscaping, required adjacent to property lines, may be calculated as part of the ten (10) percent figure.

B. All ingress or egress easements, which provide corridors to the subject lot, not adjacent to a public right-of-way, shall be considered the same as a public right-of-way. Landscape requirements for easement corridors shall be the same as those required adjacent to public rights-of-way.

C. Outside storage areas shall be fenced and landscaped, a minimum of five (5) feet in depth unless it is determined by development plan review that such screening is not necessary because stored materials are not visually obtrusive. The five-foot deep landscaped area can occur within the street right-of-way abutting the property line.

D. All portions of a lot not devoted to building; future building, parking, storage or accessory uses shall be landscaped in a manner appropriate to the stated purpose of this chapter.

E. All required landscaping areas should extend to the curb line or the street edge. A crushed rock path in lieu of landscaping may be required where appropriate as determined by the Town Planner.

F. Required landscape areas which are inappropriate to landscape due to the existence of rail lines or other features shall be relocated, first, to another lot line, or second, to an equal-sized area in another portion of the lot, to be determined by the Town Planner upon review with the owner or developer.

G. Bark mulch, gravel or other non-vegetative material shall only be used in conjunction with landscaping to assist vegetative growth and maintenance or to visually complement plant material. Non-vegetative material is not a substitute for plant material.

H. Required landscape areas shall be provided with adequate drainage.

I. Slopes shall not exceed a three (3) to one (1) ratio (width to height), in order to decrease erosion potential and assist in ease of maintenance.

J. The perimeter of all parking areas, which abut residential zones or uses, shall be landscaped to a minimum depth of three (3) feet with type II landscaping unless otherwise provided by this chapter. A six-foot high solid wood or equivalent fence is also required. Substitute fencing, including but not limited to chain link fence with slats, may be approved by the Town Council upon application of the developer and adjacent residential property owners when such fencing shall provide buffering consistent with the purpose and intent of this chapter. The term "adjacent residential property," for purposes of this section, shall mean abutting property, and lots immediately adjacent to abutting property, and shall not mean property across a public road.

K. Landscaping shall not conflict with the safety of those using adjacent sidewalks or with traffic safety. Safety features of landscaping shall be discussed at the time of development plan review, if necessary.

L. Quantity, arrangement and types of plants installed shall be appropriate to the size of the required landscape area and purpose of planting area as noted in section 17.07.050 pertaining to types of landscaping.

M. All trash containers shall be screened from abutting properties and streets by a one hundred (100) percent sight-obscuring fence or wall and appropriate landscaping.

N. Landscaping shall be placed outside of sight obscuring or one hundred (100) percent sight-obscuring fences unless it is determined by the Town Planner that such arrangement would be detrimental to the stated purpose of this chapter.

17.07.050 Types of landscaping:

A. Type I: Solid screen:

1. Purpose: Type I landscaping is intended to provide a solid sight barrier to totally separate incompatible uses.

2. Description: Type I landscaping shall consist of evergreen trees of tall shrubs with a minimum height of six (6) feet at planting, which will provide a one hundred (100) percent sight-obscuring screen within two (2) years from the time of planting; or a combination of evergreen and deciduous trees and shrubs backed by one hundred (100) percent sight-obscuring fence. Plant material shall be vigorous growing nursery stock, free of disease, injury, insects, weeds, and weed root and shall comply with standards set forth in American Standard for Nursery Stock ANSI Z20.1-1986.

B. Type II: Visual screen:

1. Purpose: Type II landscaping is intended to create a visual separation that is not necessarily one hundred (100) percent sight-obscuring between incompatible uses.

2. Description:

a. Type II landscaping shall be evergreen or a mixture of evergreen and deciduous trees with large shrubs and ground cover interspersed with the trees. A sight-obscuring fence will be required unless it is determined by development plan review that such a fence is not necessary. The plantings and fence must not violate the sight area safety requirements at street intersections.

b. Evergreen trees shall be an average height of six (6) feet at planting. Deciduous trees shall be the following sizes based on their spacing:

(1) One-inch caliper: Ten (10) feet on center.

(2) Two-inch caliper: Twenty (20) feet on center.

(3) Three-inch caliper: Thirty feet (30) on center.

(4) Three-and-one-half to five-inch caliper: Forty feet (40) on center.

c. Ground cover shall be of sufficient size and spacing to form a solid cover within two (2) years from the time of planting.

C. Type III: Visual buffer:

1. Purpose: Type III landscaping is intended to provide visual separation of uses from streets and main arterials and between compatible uses so as to soften the appearance of streets, parking lots and building facades.

2. Description:

a. Type III landscaping shall be evergreen and deciduous trees planted not more than thirty feet (30) on center interspersed with shrubs and ground cover. Where used to separate parking from streets, plantings must create a visual barrier of at least thirty-six (36) inches in height at a time of planting and form a solid screen two (2) years after planting. The planting shall not violate the sight area safety requirements at street intersections or driveways.

b. Evergreen trees shall be an average height of six (6) feet at planting. Deciduous trees shall be the following sizes based on their spacing:

(1) One-inch caliper: Ten (10) feet on center.

(2) Two-inch caliper: Twenty (20) feet on center.

(3) Three-inch caliper: Thirty feet (30) on center.

(4) Three-and-one-half to five-inch caliper: Forty feet (40) on center.

c. Ground cover shall be of sufficient size and spacing to form a solid cover within two (2) years after the time of planting.

D. Type IV: Low cover:

1. Purpose: Type IV landscaping is intended to provide visual relief where clear sight is desired or as a complement to larger, more predominant planting materials.

2. Description: Type IV landscaping shall consist of a mixture of evergreen and deciduous shrubs and ground cover, to provide solid covering of the entire landscaping area within two (2) years of planting and to be held to a maximum height of three and one-half (3.5) feet (see definition of ground cover).

E. Type V: Open area landscaping:

1. Purpose: Type V landscaping is primarily intended to visually interrupt large open spaces of parking areas.

2. Description:

a. Type V landscaping shall consist of trees planted with supporting shrubs or ground cover. Each landscape area shall be of sufficient size to promote and protect growth of plantings, with a one-hundred-square-foot minimum (see subsection 17.07.040 A.).

b. Evergreen trees shall be an average height of six (6) feet at planting. Deciduous trees shall be the following sizes based on their spacing:

(1) One-inch caliper: Ten (10) feet on center.

(2) Two-inch caliper: Twenty (20) feet on center.

(3) Three-inch caliper: Thirty feet (30) on center.

(4) Three-and-one-half- to five-inch caliper: Forty feet (40) on center.

c. Ground cover shall be of sufficient size and spacing to form a solid cover within two (2) years from the time of planting.

d. Grass is an acceptable ground cover for all areas.

17.07.060 Regulations for Specific Districts:

Landscaping regulations for specific zoning districts are as follows:

A. Single-family residential: None.

B. Medium and multifamily residential:

1. A minimum of ten (10) feet of landscaping shall be provided abutting a public right-of-way.

2. Open green area shall occupy no less than twenty-five (25) percent of the area of the lot.

3. The side and rear perimeters of properties shall be landscaped to a minimum depth of ten (10) feet.

4. A minimum of five (5) feet of foundation landscaping shall be placed along the perimeter of any multifamily structure. Foundation landscaping consists of shrubbery or some other combination of landscape materials that helps to reduce the visual bulk of structures and buffer dwelling units from light, glare and other environmental intrusions.

5. Where a multiple-family dwelling is located adjacent to property zoned as single-family residential all parking or loading areas must be screened from the single-family residential lots by either Type I or Type II landscape techniques for visual screening.

C. Commercial:

1. The side perimeter of property abutting a residential district shall be landscaped to a minimum width of ten (10) feet, and a visual screen shall be maintained using Type I or Type II landscaping techniques to screen any parking or loading areas adjacent to such lots.

2. A planting strips not less than five (5) feet in depth shall be provided along all property abutting public rights-of-way.

3. A minimum of five (5) feet of landscaping to mask street and parking area shall be provided.

4. Street trees may be required as specified by the Town planner.

D. Light Industrial:

1. Front yard: The front ten (10) feet shall be improved with appropriate permanently maintained landscaping.

2. Side yard: At least five (5) feet of the side yard shall be landscaped with permanently maintained landscaping.

3. Where light industrial uses are located adjacent to residential zoned lots, all parking or loading areas must be screened from the residential lots by either Type I or Type II landscape techniques for visual screening.

17.07.070 Maintenance of Landscaping:

A. Required: Whenever landscaping is or has been required in accordance with the provisions of this title or any addition or amendments to this title, or in accordance with the provisions of any previous code or ordinance of the Town, the landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required. Dead or dying shrubs or trees shall be replaced or removed within sixty days and the planting area shall be maintained reasonable free of weeds and trash.

B. Notice of violation: The Mayor or his designated representative is hereby authorized and empowered to notify the owner of any property required to be landscaped, or the agent, tenant, lessee or assignee of any such owner, that the landscaping is not being adequately maintained and the specific nature of such failure to maintain. The notice shall specify the date by which the maintenance must be accomplished, and shall be sent by certified mail, addressed to the owner at his last known address.

C. Action upon noncompliance:

1. Upon the failure, neglect or refusal of any owner or agent so notified to perform the required maintenance within the time specified in the written notice, or within fifteen (15) days after the date of such notice if the notice is returned to the Town by the Post Office department because of inability to make delivery thereof, provided the notice was properly addressed to the last known address of the owner or agent, the Mayor or his designated representative is hereby authorized and empowered to cause the required maintenance to be done and provide for payment of the cost thereof, with the cost to be collected or taxed against the property affected as provided in this section.

2. Nothing in this section shall prevent the Mayor or a designated representative from taking action as provided in sections 17.09.070.

D. Charge for maintenance by Town to be included in utility bill: When the Town has performed landscape maintenance or has paid for such maintenance, the actual cost thereof, plus accrued interest at the rate of eight (8) percent per annum from the date of the completion of work, if not paid by such owner prior thereto, may be charged to the owner of such property on the next regular utility bill forwarded to such owner by the Town, and if so charged shall be due and payable by the owner at the time of payment of such bill.

E. Lien for payment of charges: If the full amount due the Town is not paid by such owner within thirty (30) days after performance of the maintenance as provided for in subsection C. of this section, then, in that case, the Mayor (or the Mayor's designated representative) may cause to be recorded in the office of the Town clerk a sworn statement showing the cost and expense incurred for the work, the date the work was done, and the legal description of the property on which the work was done. The recording of such sworn statement shall constitute a lien and privilege on the property, and shall remain in full force and effect for the amount due in principal and interest, plus court costs if any, until final payment has been made. The costs and expenses shall be collected in the manner fixed by law for the collection of utility payments and further shall be subject to a delinquent penalty of eight (8) percent per annum if the costs and expenses are not paid in full on or before the date the utility bill upon which the charge appears become delinquent. Sworn statements recorded in accordance with the provisions of this subsection shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement plus interest constitutes a charge against the property designated or described in the statement and that the charge is due and collectible as provided by law.

F. Alternative methods of collection of charges: In addition to or in lieu of the provision of subsections D. and E. of this section, the Town may, at its option, commence a civil action in any court of competent jurisdiction to collect for any charges incurred by the Town for performance of maintenance as provided in subsection C. of this section.