(A) Landscape plan. A landscape plan that demonstrates how vegetation will be planted on a development site shall be submitted as a part of a site plan or subdivision infrastructure construction plan application in accordance with the requirements established by the checklist, details, notes, and charts posted on the Town website. Additional landscape plantings may be required by the Stormwater Management Ordinance.
(B) Review for compliance. Review for compliance with this chapter shall occur at the time of submittal of a site plan, preliminary plat, or subdivision infrastructure construction plan.
(C) Minimum landscape surface area. Development sites and lots shall have a minimum pervious area acreage according to the applicable design guidelines for that area of Town.
(D) Buffer yards. Development sites and lots shall provide front yard open space buffers and landscape buffers between adjacent properties according to the applicable design guidelines for that area of Town.
(E) Overall required plantings. The overall required tree plantings for site plans and subdivision infrastructure construction plans shall be calculated by multiplying the net site acreage by the formulas listed below.
Use | Number of Trees Required per Net Acre[1], [2], [3], [4] |
Use | Number of Trees Required per Net Acre[1], [2], [3], [4] |
Single-family detached residential uses (not within a planned development) | 8 |
Single-family detached residential uses (within a planned development) | 12 |
Industrial uses | 17 |
Other nonresidential uses (i.e., retail, office, or institutional) | 20 |
Attached residential uses | 22 |
Senior housing uses | 22 |
Notes: [1] For determining the net acreage of a site for calculating the overall required plantings, portions of lots used for athletic fields, golf courses, cemeteries, agricultural uses, bodies of water, dedication of right-of-way for streets shown on the major road plan, portions of a property zoned CB: Central Business, and other uses where new trees and shrubs are not appropriate, are excluded from the area to be planted. [2] Any trees contained within residential lots, open space set-asides, parking areas, buffers, front yard open spaces, or street trees, may be counted toward the overall required plantings, provided that they are at least two inches in caliper and depicted on a landscaping plan. In some cases, these plantings may exceed the minimum quantity of overall required plantings; however, all plantings within this chapter are required. [3] Existing viable trees meeting the minimum size requirements for new plantings, and that are protected by appropriate tree protection fencing, may be credited towards the required number of trees, with specimen trees being counted as the equivalent of three new trees. [4] With the development agreement, applicants may pay into the Town's Tree Bank for up to 50% of the applicable overall required plantings. Such sites are required to comply with the applicable design guidelines even if a payment is to be made into the Tree Bank for a portion of the required tree plantings. | |
(F) Lot trees. Single-family detached, duplex, or townhouse residential lots shall provide trees of at least two inches in caliper as follows, with the minimum number of trees required noted on the final subdivision plat.
Lot Width (in feet) | Number of Trees Required[1], [2] |
40 or less | none |
41-80 | 1 |
81 or more | 2 |
Notes: [1] Homebuyers not desiring trees shall be permitted to submit a waiver request in writing to the Building Department; provided, however, that the Town of Collierville shall not be obligated to grant such a waiver. [2] Existing viable trees may be counted towards this requirement. | |
(G) Plant selections. New plantings shall comply with the standards in Appendix III: Plant Selections, of the Collierville Design Guidelines.
(H) Minimum plant size requirements at installation. New plantings shall comply with the standards in Appendix III: Plant Selections, of the Collierville Design Guidelines.
(I) Tree bank.
(1) Purpose. The Tree Bank shall be a fund to receive:
(a) Cash contributions for trees required by § 151.268(E), Overall Required Plantings;
(b) Charitable contributions given to the Town for planting trees; and
(c) Civil penalties received for the illegal cutting or damage of trees.
(2) Use of funds. Tree Bank funds shall be used solely for purchasing, installing, and replacing trees, or maintenance of trees during their first five years after planting, on public lands such as parks, public open spaces, at community and civic facilities, and within public rights-of-way.
(3) Procedure for Tree Bank requests.
(a) An applicant shall submit a written request to use the Tree Bank for a portion of any required tree plantings.
(b) The Development Department shall determine the eligibility and extent of contributions during the site plan or subdivision infrastructure construction plan review and shall forward the request to the Board of Mayor and Aldermen for approval with the development agreement.
(c) If the Board of Mayor and Alderman does not approve the contribution to the Tree Bank, a revised landscape plan shall be submitted to the Development Department for approval.
(d) The applicant shall provide the cash contribution payment in the form of a cashier's check payable to Town of Collierville prior to recording of the final plat and/or issuance of a building permit.
(4) Procedure for refunds from the Tree Bank.
(a) An applicant may submit a written request to the Development Department for a refund from a payment into the Tree Bank if a post-development survey demonstrates that additional trees were saved during the construction process than originally depicted on the approved construction drawings.
(b) The Development Director shall determine the eligibility of the trees claimed for credit and the extent of the refund based on the applicable overall required plantings. Only existing viable trees meeting the minimum size requirements for new plantings, and protected by appropriate tree protection fencing during construction, may be credited towards the required number of trees.
(c) The refund request shall be forwarded to the Board of Mayor and Aldermen for approval as an amendment to the development agreement.
(J) Inspections. The Development Department shall inspect the site prior to the release of any applicable surety and again, after release of the surety, to determine if the landscape material is living, healthy, installed, and/or properly maintained in accordance with the approved landscape plan and the standards contained in this chapter.
(K) Time limits. All landscape, including mulching and seeding, shall be completed in accordance with the approved site plan or subdivision infrastructure construction plan prior to issuance of a certificate of occupancy or recording of a final plat, unless an appropriate surety is in place.
(L) Extensions. The Development Director may grant extensions related to the installation of the landscape improvements due to:
(1) Unusual environmental conditions, such as drought, ice, over-saturated soil (deep mud), or inappropriate planting season for the plant species;
(2) The substitution or unavailability of plant species or acceptable plant size as specified on the landscape plan in cases where such materials are not commercially available within a reasonable time;
(3) Circumstances beyond the developer's or landowner's control, such as incomplete construction or utility work to occur in a proposed landscape area within 30 days after expected site completion, provided the developer or property owner submits a letter from the utility company stating the estimated installation date; or
(4) Other circumstance warranting an extension in the opinion of the Development Director.
(M) Maintenance.
(1) The property owner, except where otherwise exempted by this subchapter, shall be responsible for the maintenance of:
(a) All required landscape areas on the lot; and
(b) Street trees between the curb and side walk, planted adjacent to the lot in conjunction with the development of the site, unless otherwise specified by the Town or a homeowners association.
(2) Homeowners associations are responsible for the maintenance of open space lots, medians, and street trees located within public rights-of-way associated with the development.
(3) Landscape areas shall be maintained in accordance with the approved landscape plan and shall present a healthy and orderly appearance free from refuse and debris.
(4) All plant life shown on an approved landscape plan used to meet a minimum standard of this subchapter shall be maintained thereafter in a healthy growing condition and shall be replaced if it dies, is seriously damaged, or removed. Such plants shall be replaced by the property owner within one year.
(5) Plants shall be maintained in a way that does not obstruct sight distances at intersections of streets or internal drives or driveways, obstruct traffic signs or devices, and/or interfere with the use of sidewalks or pedestrian trails.
(6) All required trees and shrubs used for screening purposes and buffering shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared or topped. Required trees shall not be shaped as shrubs. Trees and shrubs required by this subchapter that have been severely pruned, sheared, topped, or any trees shaped as shrubs that no longer meet their intended function shall be considered damaged vegetation in need of replacement and shall be replaced within one year.
(7) The Development Director shall determine the extent and timing of all other replanting requirements.
(`00 Code, § 11-1604) (Ord. 95-13, passed - -; Am. Ord. 2020-11, passed 12-13-21)