§ 150.332  STREET TREE AND LANDSCAPING REQUIREMENTS APPLICABLE TO NEW CONSTRUCTION.
   The Common Council of the city does hereby deem it desirable to establish street tree requirements for new residential construction and landscaping requirements for new commercial and industrial construction.
   (A)   Residential, commercial and industrial tree plantings in city right-of-way.
      (1)   Purpose. The purpose of this section is to establish standards for providing street trees to carry out the following objectives:
         (a)   Provide a picturesque look to the city’s streets;
         (b)   To promote compatibility between different land uses;
         (c)   Conserve or enhance property values; and
         (d)   Conserve energy and moderate the effects of the sun and wind.
      (2)   Landscape plan. A landscape plan shall be submitted showing location of any existing trees and new trees to be planted along the city right-of-way. The Plan Commission or representative will make final approval of species and location of trees.
      (3)   Street tree requirements.
         (a)   Trees will be selected from the city’s street tree approval list.
         (b)   Trees spaced approximately 45 feet apart along the city’s right-of-way with at least one tree in front of each residence.
         (c)   Trees must have a strong central leader (if applicable) and be free of any trunk wounds and with a trunk at least one and one-half inches in diameter.
         (d)   Trees will be staked by industry standards for one year.
         (e)   Trees shall be placed between the sidewalk and curb.
         (f)   Large shade trees will be used (example, maple and the like) where space is not restricted by overhead wires or greenway width. Small trees will be used where these restrictions occur (example, hawthorne, pear).
         (g)   The property owner or developer will pay for the trees and installation.
         (h)   Trees must be purchased and installed by a reputable company.
      (4)   Waiver of street tree requirements. The Planning Commission or its representative may modify the street tree requirements upon written request by the applicant. Such a waiver or modification may be granted; providing that:
         (a)   Waiver is in conformance with the purpose of this subchapter;
         (b)   Staff determines applicant has submitted adequate documentation to support the request;
         (c)   The street trees will be unduly detrimental to the property owner or commercial use; and
         (d)   The street trees will create a safety hazard.
      (5)   Installation and maintenance.
         (a)   All trees will be properly installed in accordance with current horticultural practices.
         (b)   All maintenance on the street trees will be performed by the city at the city’s expense.
         (c)   Trees planted by the property owner or commercial enterprise must survive for two years after planting. If it dies before two years, the property owner or developer must replace it within a three-month period. After two years, the developer is relieved of the responsibility for replacement and may be replaced by the city at its discretion.
      (6)   Fees for residential development. The fee for trees planted for residential development to comply with this code section shall be paid for at the time of application for the building permit. The amount of the fee shall be equal to that as established by the current tree fee schedule on file with the City Zoning and Building Department. A new fund for the deposit of the fee is hereby established and titled Street Tree Fund. All tree fees shall be deposited in this Fund.
   (B)   Commercial and industrial landscaping requirements for parking areas.
      (1)   Purpose. To provide landscaping for parking areas and commercial properties to help make the properties blend into the surrounding areas.
      (2)   Requirements.
         (a)   Seven percent of the parking area will have landscaping adjacent to the lot or within the lot.
         (b)   Landscaping will be a mix of trees, shrubs, ground cover and turf.
         (c)   Trees used in landscaping that are on the city’s easement will be subject to the city’s ordinance on street trees for residential, commercial and industrial development.
         (d)   For every 60 parking spaces, two spaces will be made into an island with shade trees and landscaping. Under 60 parking spaces, lots do not require islands.
         (e)   All undeveloped land in a commercial property in view from the city right-of- way will be landscaped or screened.
      (3)   Plan approval.
         (a)   The Planning Commission or its representative will review landscape plans and make changes or approve.
         (b)   Landscape plan will show all species and size of plant material, location of any islands, number of parking spaces and any existing plant material.
         (c)   Protection plan for any existing trees is to be included with the landscape plan.
      (4)   Waiver of landscaping. The Planning Commission or its representative may waive or modify landscaping requirements as part of the review and approval process, upon written request by the applicant. Such a waiver or modification may be granted; provided that:
         (a)   Waiver or modification is in conformance with the purpose of this section;
         (b)   Staff determines that applicant has submitted adequate documentation to support request;
         (c)   Staff determines that required landscaping is not necessary, based on existing site or area conditions or characteristics;
         (d)   The waiver will improve public safety; and
         (e)   The landscaping requirements will be unduly detrimental to the property owner or commercial use.
      (5)   Maintenance. All landscaped areas in the public view will be maintained by the owners of the property to current horticulture standards.
      (6)   Bonding for commercial development. A bond issued for commercial development to the Building Department will be required at the time of applying for the building permit valued at the approximate cost of the landscaping portion of the project. This will be used to complete the landscaping if the developer fails to do so in a reasonable amount of time.
   (C)   Commercial and industrial buffer and screening.
      (1)   Purpose. Provide screening and buffering of structures and parking areas of commercial and industrial adjacent to residential property, or public rights-of-way.
      (2)   Landscape plan. A landscape plan shall be submitted to show conformation with this section: mounds, plant material and fencing are options. The plan will include:
         (a)   Location of existing trees, shrubs, mounds;
         (b)   Location and size of screen or buffer;
         (c)   Species, size and location of trees and or shrubs to be planted; and
         (d)   Size, materials and colors of fencing to be used.
      (3)   Requirements of screens or buffers.
         (a)   Existing vegetation is the preferred method if applicable.
         (b)   Mounds must be at least six feet tall and the slope no more than 35 degrees. Drainage must not go onto adjacent property. Mounds must be turf or landscaped to prevent erosion.
         (c)   Trees planted must be of the evergreen variety (examples, spruce, arborvitae, juniper) and at least five feet tall at planting time. Plant material must be purchased from a reputable company and planting must be to current horticulture standards.
         (d)   Fencing must be six feet tall and length is long enough to screen the area. Fencing must be aesthetically pleasing. Landscaping is the preferred option. If chain link fence is used, then screening material shall be applied to the fence.
      (4)   What needs screening or buffering.
         (a)   Commercial or industrial development that is adjacent to residential property;
         (b)   All dumpsters in view from public right-of-way;
         (c)   Outdoor storage areas in view from public rights-of-way (examples, heavy machinery, materials and junk);
         (d)   Truck loading and unloading areas in view from public rights-of-way;
         (e)   Vehicle storage area where more than ten vehicles are stored overnight; and
         (f)   Any land not landscaped in public view.
      (5)   Waiver of screening and buffering requirements.
         (a)   The Planning Commission or its designated representative may waive or modify the requirements.
         (b)   Such a waiver or modification may be granted; provided that:
            1.   Waiver or modification is in conformance with the purpose of this section;
            2.   The staff determines that the applicant has submitted adequate documentation to support request;
            3.   Staff determines screening or buffering is not required because of existing site conditions or characteristics;
            4.   Requested waiver will improve the relationship between the site design of the proposed development and public safety issues, such as fire, safety, crime prevention; and
            5.   Screening and buffering will be unduly detrimental to the property owner or commercial use.
      (6)   Maintenance. All plant material and fencing will be properly maintained and dead plant material will be replaced within three months of dying by the property owners.
   (D)   Curb to sidewalk requirements.
      (1)   Purpose. To provide an adequate greenspace to plant street trees;
      (2)   Requirements of greenspace. There shall be an open area (greenspace) between the curb and sidewalk;
      (3)   Location. The curb and sidewalk location is to be included with the site plan; and
      (4)   Waiver of greenspace requirement. The Planning Commission or its representative may waive the requirement if:
         (a)   The staff has been provided with adequate documentation to support requests; and/or
         (b)   Requirement would pose a safety hazard.
(Prior Code, § 150.237)  (Ord. 1978-4, passed 3-21-1978; Ord. 1998-2, passed 3-3-1998; Ord. 2000-05, passed 4-4-2000; Ord. 2001-11, passed 9-18-2001)