Section 9.13 Landscaping

   (1)   The following provisions apply to both residential and nonresidential zoning districts.

      (A)   No zoning clearance or building permit shall be issued until a landscape plan has been approved by the Zoning Administrator. The Zoning Administrator may waive the requirement of a landscape plan if the project does not contain any site disturbance or is deemed to be a minor modification.

      (B)   With the exception of removal of packrat nests and pruning of diseased or dead tree limbs, no area on a subject lot or parcel, other than the disturbed area (development envelope) prescribed in Article VI, Section 6.01 shall be disturbed. In order to preserve the desert character and identity of the community, only native desert vegetation shall be maintained within the required yards (building setbacks). Non native plant/tree/cacti (excluding drought tolerant and/or desert hybrid) species are prohibited in the required yards. The application of pre-emergence, grubbing, thinning or trimming of vegetation shall be limited to the disturbed area. Protected plants shall not be damaged, destroyed, or removed from any portion of a lot or parcel unless deemed not salvageable on an approved landscape plan in association with a building permit. During the site development phase, salvaged protected plants shall be placed in a designated nursery and irrigated area until site work is completed. Once site work is completed and landscaping has begun, subject plants shall be transplanted within disturbed areas or alternative areas approved by the Zoning Administrator. (Ord. #2007-05)

      (C)   If the Zoning Administrator interprets that a portion of the required yard contains a collection of decaying plant material that is susceptible to wildfires, that portion of material which presents a detriment to public health, safety and welfare shall be removed by the property owner. Additionally, vegetation within a thirty (30) foot fire suppressant buffer consistent with the Town’s fire provider requirements may be thinned and trimmed around buildings to better secure the structure from wildfires. Protected plants shall include: (Ord. #2007-05)

         1)   Yucca.

         2)   Ocotillo.

         3)   All members of the cactus family with the exception of Cholla and Prickly Pear.

         4)   Protected trees that are four (4) inches or greater in caliper measured one (1) foot above native grade.

Table 9.1: Protected Plants (Trees and Shrubs).

Botanical Name	Common Name
Acacia constricta	Whitethorn acacia
Acacia greggii	Catclaw acacia
Canotia holocantha	Crucifixion thorn
Celtis reticulate	Hackberry
Cercidium floridum	Blue palo verde
Cercidium mycrophylum	Foothills palo verde
Chilopsis linearis	Desert willow
Olney tesota	Ironwood
Populus fremontii	Cottonwood
Prosopis species	Mesquite
Quercus species	Scrub oak
Rhus ovata	Sugar sumac
Vauguelinea californica	Arizona rosewood

 

      (D)   Protected plants shall not be damaged, destroyed, or removed from any portion of a lot or parcel unless deemed not salvageable on an approved landscape plan in association with a building permit. During the site development phase, salvaged protected plants shall be placed in a designated irrigated nursery area until site work is completed. Once site work is completed and landscaping has begun, subject plants shall be transplanted within the disturbed area or alternate areas of the lot approved by the Zoning Administrator.

      (E)   All lawns or turfed areas not associated with a public recreation amenity shall be completely enclosed by solid walls at least two (2) feet in height above finished grade.

      (F)   Landscaping within all street right-of-ways shall consist of local native desert species.

      (G)   All storm water retention and/or detention basins shall be landscaped with native desert and/or xeriscape plants.

      (H)   Landscaping shall not exceed twenty-four (24) inches in height for a linear distance of thirty (30) feet from a street intersection. This thirty (30) foot distance defines the sight visibility triangle.

      (I)   Highly discouraged plant species are listed in the Single-Family Design Guidelines and the Town’s Landscape Brochure.

Figure 9.6: Example of a sight visibility triangle.

      (J)   The property owner and/or lessee shall maintain all landscape materials and landscaped areas in accordance with an approved landscape plan. Lack of proper maintenance shall constitute a violation of this Ordinance.

      (K)   Notice of maintenance violations shall be given to the property owner and/or lessee by the Town not less than sixty (60) days prior to commencement of any legal action.

      (L)   Protected plants that are disturbed without an approved landscaped plan shall be replanted with similar size trees and/or shrubs at pre-existing densities.

      (M)   The property owner and/or lessee shall be held jointly and severally liable for violations.