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The landscaping materials shall consist of the following and are described in more detail in the plant list on file at the municipal building. The proposed landscape materials should complement the form of the existing trees and plantings, as well as the development's general design and architecture. The type of shade or sun should be considered in selecting plant materials.
(A) Walls and fences. To comply with the existing wall and fence ordinance, for any proposed new building, residential or otherwise, where stone fencing exists, such stone fencing shall be retained and improved as part of the approved landscaping.
(B) Earth mounds. Earth mounds shall be physical barriers which block or screen the view similar to a hedge, fence or wall. Mounds shall be constructed with proper and adequate plant material to prevent erosion. A difference in elevation between areas requiring screening does not constitute an existing earth mound and shall not be considered as fulfilling any screening requirement. Where mounds are to be mowed, the maximum permitted slope is 3:1.
(C) Plants. Artificial plants are prohibited. All plant materials shall be living plants and shall meet the following requirements:
(1) Quality. Plant materials used in conformance with provisions of this chapter shall be nursery grown in accordance with good horticultural practices, grown under climatic conditions similar to those in Central Ohio, shall conform to the standards of the American Association of Nurserymen and shall have passed any inspections required under state regulations. In addition, trees shall be free of disease, insects and/or damage, and shall be correctly labeled indicating genus, species and cultivar. All trees must be transported to/in Dublin from the nursery or holding area in a covered fashion to protect the tree from wind damage.
(2) Deciduous trees. Trees which normally shed their leaves in the fall, shall be species having an average mature crown spread of greater then 15 feet in central Ohio and having trunks which can be maintained with over five feet of clear wood in areas which have visibility requirements, except at vehicular use area intersections where eight foot clear wood requirements shall control. Trees having an average mature spread of crown less than 15 feet may be substituted by grouping of the same as to create the equivalent of a 15 foot crown spread. A minimum of ten feet overall height or a minimum caliper, trunk diameter measured six inches above ground for trees up to four inches caliper of at least one and three-fourths inches immediately after planting shall be required. Trees of species whose roots are known to cause damage to public roadways or other public works shall not be planted closer than 15 feet to such public works, unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five feet square and five feet deep and for which the construction requirements shall be four inch thick, reinforced concrete.
(3) Prohibited trees. Shall be those currently listed in Appendix E of the Dublin Planning and Zoning Code.
(4) Evergreen trees. Evergreen trees shall be a minimum of five feet high with a minimum caliper of one and one-half inches immediately after planting.
(6) Vines. Shall be at least 12 or 15 inches high at planting, and are generally used in conjunction with walls or fences.
(7) Grass or ground cover. Grass of the fescue (Gramineae) or bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in Central Ohio, and may be sodded or seeded; except in swales or other areas subject to erosion, where solid sod, erosion reducing net, or suitable mulch shall be used, nurse-grass seed shall be sown for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeks and noxious pests or diseases. Ground cover shall be planted in such a manner as to present a finished appearance and 75% of complete coverage after complete growing seasons, with a maximum of eight inches on center. In certain cases, ground cover also may consist of rocks, pebbles, sand and similar approved materials.
(D) Maintenance and installation. All landscaping materials shall be installed in accordance with accepted, good construction and planting procedures. The owner of the property shall be responsible for the continued proper maintenance of all landscaping materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first; while other defective landscape material shall be replaced or repaired within three months. Violation of these installation and maintenance provisions shall be grounds for the Planning Division to refuse zoning compliance or institute legal proceedings.
(Ord. 13-81, passed 5-18-81)
(E) Pruning and growth inhibitors. Landscaping materials used to fulfill code requirements, or conditions of approval, as authorized by City Council, Planning and Zoning Commission, Board of Zoning Appeals, Architectural Review Board or other appropriate body may not be pruned or otherwise treated so as to reduce overall height or level of opacity required. Landscape materials are intended to grow, spread and mature over time; and pruning and other inhibiting measures including removal may only be practiced to insure the public safety, to maintain a neat and attractive appearance and to preserve the relative health of the material involved. The use of growth inhibitors is not permitted to be used on any plant material used to fulfill code requirements or conditions of approval.
(Ord. 88-89, passed 11-6-89)
(F) Any individual found violating § 153.135 shall be guilty of a misdemeanor of the second degree per tree or other planting.
(Ord. 46-97, passed 5-5-97)
Whenever any property is affected by these landscape requirements, the property owner or developer shall prepare a landscape plan for submittal to the Planning Director or designee for review.
(A) Landscape plan content. The contents of the landscape plan shall include the following:
(1) Site plan, drawn to an easily readable scale no smaller than one inch equals 20 feet; showing and labeling by name and dimensions, all existing and proposed property lines, easements, building and other structures, vehicular use areas including parking stalls, driveways, service areas, square footage, etc. locations of structures on adjoining parcels, water outlets and landscape material, including botanical name and common name, installation size, on center planting dimensions where applicable, and quantities for all plants used and all existing trees;
(2) Typical elevations and/or cross sections as may be required;
(3) Title block with the pertinent names and addresses, property owner, person drawing plan, scale, date, north arrow, generally orient plan so that north is to top of plan and zoning district.
(4) Site grading with a minimum of one-foot contour intervals must be included.
(B) Implementation of landscaping plan. Where landscaping is required, no building permit shall be issued until the required landscaping plan has been submitted and approved by the Director of the Division of Planning. It shall not be legal to use the property (as opposed to the structure) until landscaping is completed as shown on the approved plan. A performance bond, or irrevocable letter of credit from a banking institution or other such surety acceptable to the Law Director may be substituted for completion of the landscaping as shown on the approved landscaping plan, subject to the approval of the Director of the Division of Planning.
(C) Posting of bond or irrevocable letter of credit. After a bond or irrevocable letter of credit has been posted, the landscaping material required in the approved landscaping plan shall be installed within six months after the date of posting the bond or irrevocable letter of credit. A one-month extension of the planting period may be granted by the Planning Division upon a demonstration by the property owner or developer that such an extension is warranted because of adverse weather conditions or unavailability of required plant materials. No more than three such one-month extensions may be granted. Foreclosure proceedings shall be brought against the performance bond or irrevocable letter of credit if the required landscaping plans have not been complied with by the end of the approved planting period.
(Ord. 13-81, passed 5-18-81)
(Ord. 46-97, passed 5-5-97; Am. Ord. 19-02, passed 2-19-02)
Developers are requested to refer to the planting manual and plant list, which are available at the offices of the Planning Division for minimal requirements to use as guidelines in meeting the provisions of this subchapter.
(Ord. 42-88, passed 6-6-88; Am. Ord. 46-97, passed 5-5-97)
(A) Any landscape plan disapproved by either the Director of Land Use and Long Range Planning or the Planning and Zoning Commission may be appealed according to the procedure provided in § 153.231(F). In any event Council may, upon request of any aggrieved party after the appeal as herein provided, review the decisions of the Planning and Zoning Commission or administrative officer and modify such decision in any manner not consistent with this section so as to prevent undue hardship or inconsistency.
(B) Variances. The Board of Zoning Appeals may hear requests for variances from the landscape requirements of this section in accordance with the procedures provided in § 153.231(H).
(C) Recording. Decisions of the Board of Zoning Appeals shall be forwarded to the Planning and Zoning Commission, the Community Services Advisory Commission, the Division of Building Standards, and the Clerk of Council's office and properly described in the committee's minutes.
(Ord. 13-81, passed 5-18-81; Am. Ord. 46-97, passed 5-5-97; Am. Ord. 28-08, passed 5-19-08)
For the purpose of this section, certain terms are herewith defined. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural, words in the plural number include the singular, the word "person" includes association, firm, partnership, trust, governmental body, corporation, organization, as well as an individual; the word "structure" includes building; the word "occupied" includes arranged, designed, or intended to be occupied; the word "used" includes arranged, designed or intended to be used; the word "shall" is always mandatory and not merely directive; the word "may" is permissive; and the word "lot" includes plot or parcel. Other words and terms shall have the following respective meanings:
(A) ACCESSORY USE OR STRUCTURE. See § 153.002, Definitions, for definitions of ACCESSORY USE and ACCESSORY STRUCTURE.
(B) EPIPHYTOTIC. The sudden and destructive development of a plant disease, usually over large areas. Corresponds to an epidemic of a human disease.
(C) INTERIOR LANDSCAPING. The use of landscape materials within the innermost boundaries of the landscape buffer zone and perimeter landscaping.
(D) LARGE TREE. Any tree species which normally attains a full-grown height equal to or greater than 50 feet.
(E) MEDIUM TREE. Any tree species which normally attains a full-grown height of between 30 and 50 feet.
(F) OPACITY. An imaginary vertical plane extending from the established grade to a required height of which a required percent of the vertical plane shall be visually screened from adjacent property use.
(G) PARKING AREA OR STRUCTURE. An off-street area or structure, for required parking or loading spaces, including driveways, access ways, aisles, parking and maneuvering space, but excluding required from yard, or public right-of-way.
(H) PARKING LOT OR STRUCTURE. An off-street area or structure, other than the parking or loading spaces or areas required or permitted under this section for the parking of automobiles and available to the public customarily for a fee.
(I) PERIMETER LANDSCAPE BUFFER ZONE. That area adjacent to any vehicular use area or along common boundaries in which the perimeter landscape requirements are to be met.
(J) PERIMETER LANDSCAPING. The use of landscape materials within the perimeter landscape buffer zone to achieve the required opacity.
(K) PERSON. Any person, corporation, partnership, company, contracting firm or other entity, including those employed by the municipality or under a contract with the municipality.
(M) SMALL TREE. Tree species which normally attains a full-grown height of under 30 feet.
(N) TREELAWN. That part of a street not covered by sidewalk, bikepath, or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
(O) VEHICULAR USE AREA. Any open or unenclosed area containing more than 1,800 square feet of area and/or used by six or more of any type of vehicle, whether moving or at rest, including, but not limited to, parking lots, loading and unloading areas, mobile home parks, and sales and service areas. Driveways are considered to be vehicular use areas.
(Ord. 08-91, passed 7-15-91)
(Ord. 46-97, passed 5-5-97; Am. Ord. 25-10, passed 8-9-10)
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