13-5-2: LANDSCAPING AND SCREENING:
   A.   Purpose: The purpose of this section is to establish standards for landscaping and screening, to maintain or replace existing vegetation, provide physical and visual buffers between differing land uses, lessen environmental and improve aesthetic impacts of development and to enhance the overall appearance of the city. Street trees shall be selected from the approved list of trees, on file with the City of Orting.
   B.   Applicability: The standards set forth in this section shall apply to all uses of land which are subject to site plan or architectural design review, to the construction or location of any multi-family structure of three (3) or more attached dwelling units, to any new subdivision, and to projects implementing native vegetation retention, native vegetation revegetation, and dispersion LID BMPs for permanent on-site stormwater management.
   C.   Landscape Plan: A plan of the proposed landscaping and screening of projects subject to this section shall be provided as part of the application and shall contain the following:
      1.   Identification of existing trees and tree canopies;
      2.   Significant trees and vegetation to remain;
      3.   New landscaping: location, species, diameter or size of materials using both botanical and common names. Drawings shall reflect the ultimate size of plant materials;
      4.   Identification of tree protection techniques;
      5.   Alternative landscaping plans: The city may authorize modification of the landscape requirements when alternative plans comply with the intent of this chapter and:
         a.   The proposed landscaping represents a superior result than that which would be achieved by strictly following requirements of this section; or
         b.   The alternative plan incorporates the increased retention of significant trees and naturally occurring undergrowth; or
         c.   The alternative plan incorporates unique, historic or architectural features such as plazas, courts, fountains, trellises, or sculptures.
      6.   Areas of native vegetation retention, native vegetation restoration, and dispersion LID BMPs used for permanent on-site stormwater management.
The landscape plan shall be prepared by a professional landscape architect licensed by the state of Washington. The administrator may allow the landscape plan to be prepared by another party if the applicant can demonstrate that the size and/or complexity of the project is such that the landscape design solution may be very simple, involving a limited palette of plant materials and applications.
   D.   Preservation Of Significant Trees And Vegetation:
      1.   All significant trees in required perimeter buffers shall be retained.
      Retention of significant trees on the remaining portions of the site is encouraged. Retention of significant trees on the remaining portions of the site is required where such tree retention is proposed to meet the requirements of LID BMPs for permanent on-site stormwater management.
      2.   Significant trees are those which possess one or more of the following characteristics:
         a.   Trees identified in table 13-5-2 D2 of this code;
         b.   Contribute to the character of the area and do not constitute a safety hazard;
         c.   Form a continuous canopy or dense vegetated screen; or
         d.   Trees identified as being significant due to their age, scarcity, habitat value, community identifying characteristics, historical, cultural, or biological significance.
   Table 13-5-2 D 2, Significant Trees
 
   Tree Species
   Size
Garry (Oregon White) Oak
8” diameter at breast height (“d.b.h.”) or greater
Pacific Yew
5” d.b.h. or greater
Pacific Madrone
10” d.b.h. or greater
Ponderosa Pine, Grand Fir, Big Leaf Maple, Western Hemlock, Western Red Cedar
15” d.b.h. or greater
Douglas Fir, Sitka Spruce
24” d.b.h. or greater
Tree of any species
40” d.b.h. or greater
 
      3.   If the grade level adjoining a tree to be retained is altered such that the tree might be endangered, then a dry rock wall or rock well shall be constructed around the tree. The diameter of this wall or well must be capable of protecting the tree.
      4.   Impervious or compactible surfaces within the area defined by the drip line of any tree to be retained may be permitted if a qualified arborist certifies that such activities will not endanger the tree or trees.
      5.   Retention of other existing vegetation that is equal to or better than available nursery stock is strongly encouraged.
      6.   Areas of native vegetation designated as landscape or buffer areas shall be protected by a ten foot (10') wide no construction zone during construction. Cleaning, grading or contour alteration is not permitted within this no construction zone unless a qualified arborist certifies that proposed construction activity within the zone will not harm existing vegetation.
      7.   Tree retention to meet the requirements of LID BMPs for permanent on-site stormwater management shall be in accordance with the adopted Stormwater Management Manual and LID Manual.
   E.   Requirements For Residential Uses:
      1.   Perimeter Areas: Notwithstanding other regulations found in this chapter, perimeter areas not covered with buildings, driveways and parking and loading areas shall be landscaped. The required width of perimeter areas to be landscaped shall be at least the depth of the required yard or setback area. Areas to be landscaped shall be covered with live plant materials which will ultimately cover seventy five percent (75%) of the ground area within three (3) years. One deciduous tree a minimum of two inch (2") caliper or one 6-foot evergreen or three (3) shrubs which should attain a height of three and one-half feet (31/2') within three (3) years shall be provided for every five hundred (500) square feet of the area to be landscaped.
      2.   Buffer Areas: All residential subdivisions or planned developments shall have a buffer consisting of a vegetated screen, that is opaque to a height of six feet (6') minimum, along the perimeter of the plat. The screening may be achieved through any one or a combination of the following methods:
         a.   Evergreen trees or shrubs; or
         b.   Trees and shrubs planted on an earthen berm as approved by the Public Works Director; or
         c.   A combination of trees or shrubs and fencing. If fencing is utilized, vegetation screening is required along fifty percent (50%) of the fencing on each lot line. If fencing and vegetation is selected, for a lot line abutting a right-of- way, vegetation must be planted on the exterior of the fence; or
         d.   Use of existing native vegetation that already provides a vegetative screen.
      3.   New subdivisions or planned developments that abut arterial streets or nonresidential uses shall be screened with a minimum twenty five foot (25') buffer. Subdivisions or planned developments that abut areas with the same underlying zoning shall be screened with nominal landscaping that provides variety and enhances the visual character of the area.
      4.   The vegetation requirements of this section may be waived through a variance process for new subdivisions or planned developments where native vegetation retention, native vegetation revegetation or dispersion LID BMPs are proposed in accordance with the Stormwater Management Manual and LID Manual. Buffer area widths shall not be reduced. The type of vegetation within buffer areas shall be determined through the variance process identified in this code.
      5.   Root barriers are required for all trees to be planted adjacent to right-of- way, and as required by the Public Works Director.
   F.   Requirements For Commercial Uses:
      1.   Perimeter Areas: See subsection E1 of this section.
      2.   Buffer Areas: Where a development subject to these standards is contiguous to a residential zoning district or areas of residential development, then the required perimeter area shall be landscaped the full width of the setback areas as follows:
         a.   A solid screen of evergreen trees or shrubs; or
         b.   A solid screen of evergreen trees and shrubs planted on an earthen berm an average of three feet (3') high as approved by the Public Works Director; or
         c.   A combination of trees or shrubs and fencing. If fencing is utilized, vegetation screening is required along fifty percent (50%) of the fencing on each lot line. If fencing and vegetation is selected, for a lot line abutting a right-of- way, vegetation must be planted on the exterior of the fence.
      3.   Areas Without Setbacks:
         a.   In areas where there is no required setback or where buildings are built to the property line, development subject to this chapter shall provide a street tree at an interval of one every twenty feet (20') or planter boxes at the same interval or some combination of trees and boxes, or an alternative.
         b.   Street trees shall be a minimum caliper of two inches (2") and be a species approved by the city and installed to city standards. Planter boxes shall be maintained by the property owners and shall be of a type approved by the city.
      4.   The vegetation requirements of this section may be waived through a variance process for new subdivisions or planned developments where native vegetation retention, native vegetation revegetation or dispersion LID BMPs are proposed in accordance with the Stormwater Management Manual and LID Manual. Buffer area widths shall not be reduced. The type of vegetation within buffer areas shall be determined through the variance process identified in this code.
      5.   Root barriers are required for all trees to be planted adjacent to hardscape and/or as required by the Public Works Director.
   G.   Parking Lot Landscaping And Screening: The standards of this section shall apply to public and private commercial parking lots and residential parking areas providing spaces for more than ten (10) cars.
      1.   Perimeter Landscaping: In order to soften the visual effects or separate one parking area from another or from other uses, the following standards apply:
         a.   Adjacent to a street or road, the minimum width shall be equal to the required yard for the underlying land use or a strip ten feet (10') wide, whichever is greater. On all other perimeters the depth shall be a minimum of five feet (5'). Where parking areas are bordered by more than one street, the landscape strip shall only apply to the longest side. All other sides shall be screened with a wall, fence, vegetative buffer or combination of these elements at a minimum height of three and one-half feet (31/2').
         b.   Visual screening through one or any combination of the following methods is required:
            (1)   Planting of living ground cover as well as shrubs or small trees which will form a solid vegetative screen at least three feet (3') in height; or
            (2)   A fence or wall at least three feet (3') high combined with low planting or wall clinging plant materials. Materials should be complementary to building design; or
            (3)   Earth mounding or berms having a minimum height of three feet (3') and planted with shrubs and trees.
         c.   In order to protect vision clearances, areas around driveways and other access points are not required to comply with the full screening height standards. The specific horizontal distance exempt from this standard shall be as established in the public works standards.
         d.   Trees are required at a ratio of at least one per sixty four (64) square feet of landscaped area or fraction thereof. They shall have a clear trunk to a height of at least five feet (5') above the ground at maturity. Trees shall be planted no closer than four feet (4') from pavement edges where vehicles overhang planted areas.
      2.   Interior Small Parking Lot Landscaping: All parking lots that contain fewer than twenty (20) parking spaces or are smaller than six thousand (6,000) square feet shall contain trees a minimum of two inch (2") caliper at intervals no greater than thirty feet (30') in planting beds a minimum of sixty four (64) square feet in area.
      3.   Interior Large Parking Lot Landscaping: All parking lots that contain twenty (20) or more parking spaces or are larger than six thousand (6,000) square feet in area shall have interior lot landscaping as follows:
         a.   Landscaped Area: A minimum of five (5) square feet of landscaped area per one hundred (100) square feet of vehicle use area, or fraction thereof. Parking lots larger than thirty thousand (30,000) square feet shall have a minimum of seven (7) square feet of landscaped area per one hundred (100) square feet of vehicle use area or fraction thereof. Vehicle use area shall include driveways.
         b.   Minimum Area: The minimum size of individual planting areas shall be sixty four (64) square feet in order to provide a proper plant environment.
         c.   Trees Required: Trees are required at a ratio of at least one per sixty four (64) square feet of landscaped area or fraction thereof. Trees shall have a clear trunk to a height of at least five feet (5') above the ground. Trees shall be planted no closer than four feet (4') from pavement edges where vehicles overhang planted areas.
         d.   Shrubs And Ground Cover: Required landscaped areas remaining after tree planting shall be planted in shrubs and/or ground cover. The distribution of plants shall be adequate to ultimately achieve seventy five percent (75%) ground coverage within three (3) years after planting.
         e.   Vehicle Overhang: Parked vehicles may overhang landscaped areas up to two feet (2') by wheel stops or curbing.
      4.   The vegetation requirements of this section may be waived through a variance process for new subdivisions or planned developments where native vegetation retention, native vegetation revegetation or dispersion LID BMPs are proposed in accordance with the Stormwater Management Manual and LID Manual. Buffer area widths shall not be reduced. The type of vegetation within buffer areas shall be determined through the variance process identified in this code.
   H.   Performance Assurance:
      1.   Landscaping required pursuant to an approved site plan shall be installed prior to the issuance of certificate of occupancy or final inspection, unless the applicant submits a performance assurance equal to not less than one hundred ten percent (110%) of the construction cost and commits to complete the landscaping within one year.
      2.   Performance assurance devices shall take the form of one of the following:
         a.   A surety bond executed by a surety company authorized to transact business in the state in a form approved by the city attorney;
         b.   Cash;
         c.   A letter of credit approved by the city attorney from a financial institution stating that the money is held for the purpose of development of the landscaping;
         d.   Assigned savings pursuant to an agreement approved by the city attorney.
      3.   If a performance assurance device is employed, the applicant shall provide the city with a nonrevocable notarized agreement granting the city and its agents the right to enter the property and perform any required work remaining undone at the expiration of the assurance device.
      4.   If the applicant fails to carry out provisions of the agreement and the city has incurred costs or expenses resulting from such failure, the city shall call on the bond or cash deposit for reimbursement. If the amount of the bond or cash deposit is less than the cost and expense incurred by the city, the applicant shall be liable to the city for the difference. If the amount of the bond or cash deposit exceeds the cost and expense incurred by the city, the remainder shall be released.
      5.   Native vegetation retention areas, areas to be revegetated with native vegetation, or dispersion areas proposed for LID BMPs to meet the requirements of the adopted Stormwater Management Manual and LID Manual shall be preserved through permanent protections. A permanent protective mechanism shall be legally established to ensure that the required native vegetation area is preserved and protected in perpetuity in a form that is acceptable to both the applicant and the City and filed with the County Auditor's office. Restrictions on the future use of the native vegetation area shall also be recorded on the face of the plat for subdivision applications. A permanent native vegetation area shall be established using one of the following mechanisms.
         a.   Placement in a separate non-building tract owned in common by all lots within the subdivision;
         b.   Covered by a protective easement or public or private land trust dedication;
         c.   Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection of this section as determined by the approval authority.
         d.   To ensure compliance with the requirements of this Chapter, all development activity subject to the provisions of this Chapter shall include the submittal of a vegetation management plan as specified below;
         e.   Applications for subdivision, short subdivision, large lot division, planned development district, or binding site plan approval;
         f.   Site development permit applications;
         g.   Use permit and commercial building permit applications.
      6.   To ensure compliance with the requirements of this Chapter, all development activity subject to the provisions of this Chapter shall include the submittal of a vegetation management plan as specified below:
         a.   Applications for subdivision, short subdivision, large lot division, planned development district, or binding site plan approval;
         b.   Site development permit applications;
         c.   Use permit and commercial building permit applications
         d.   Development agreements.
      7.   The vegetation management plan shall comply with the minimum requirements specified below:
         a.   The vegetation management plan shall be prepared by a licensed landscape architect or qualified professional forester.
         b.   Provisions for tree conservation and protection on the site shall be in conformance with the requirements of this section.
         c.   A vegetation management plan shall be submitted either as part of the preliminary plat or other appropriate plan, or as a separate drawing, and shall include the following information:
            (1)   Vegetation Protection Plan: Drawn to scale; designating vegetation to be preserved. It shall include the following information:
               (A)    Locations of peri-meters of individual and strands of trees to be preserved. The tree protection area for trees to be preserved shall be shown on the plan.
               (B)   Size, species, and health of trees to be preserved.
               (C)    General locations of trees proposed for removal.
               (D)   Limits of construction and existing and proposed grade changes on site.
               (E)    Narrative description and graphic detail of tree protection and tree maintenance measures required for the trees to be preserved.
               (F)    Timeline for clearing, grading, and installation of tree protection measures.
            (2)   Planting Plan: Drawn to scale on the site plan. It shall include the following information:
               (A)    Location, size, species, and number of trees to be planted.
               (B)    Narrative description and detail showing any site preparation, installation, and maintenance measures necessary for the long-term survival and health of the vegetation.
               (C)    Timeline for site preparation, installation, and maintenance of vegetation.
               (D)   Cost estimate for the purchase, installation and five (5) years' maintenance of vegetation.
            (3)   Tree Density Calculation: The following information shall be included on the site plan:
               (A)    Acreage of on-site critical areas, excluding critical area buffer.
               (B)    Acreage of on-site public and private roads.
               (C)    Calculation of trees per acre for existing trees proposed for preservation.
               (D)    Calculation of trees per acre for new trees to be planted.
            (4)   A watering plan is required for the establishment phase of new plantings. The plan must provide for adequate watering of the newly installed trees for a minimum of three (3) years.
      8.   Vegetation management plans will be reviewed by the city administrator. Upon completion of its review, the City will take one of the following actions:
         a.   Approve the vegetation management plan, with or without conditions; or
         b.   Disapprove the vegetation management plan, indicating deficiencies to the applicant. If the vegetation management plan is determined to be deficient, the applicant will be notified in writing of the deficiency and will be provided the opportunity to modify the plan as necessary to comply with the provisions of this Chapter.
         c.   Vegetation management plans will be reviewed by the city administrator prior to the approval of the associated underlying permit or application. The underlying permit may not be approved until such time as the city administrator has approved the plan.
         d.   Vegetation management plans shall be incorporated by reference in any approval issued for the underlying permit or application. Compliance with the plans shall be a condition of such approval.
      9.   The city administrator may allow or approve minor modifications to an approved vegetation management plan during the site development construction process to account for unforeseen site conditions and circumstances. The submittal of an amended vegetation management plan meeting the requirements of this Chapter shall be required.
   I.   Maintenance:
      1.   Whenever landscaping is required under the provisions of this chapter, shrubs and trees in the landscaping and planting areas shall be maintained in a healthy growing condition during the first three (3) years after installation. Planting beds shall not be located over impervious surfaces. All landscaped areas shall be provided with sprinkler systems or hose bibs within seventy five feet (75') of plantings. Dead or dying trees or shrubs shall be replaced immediately, and the planting area shall be maintained free of noxious weeds and trash on a regular basis.
      2.   Native vegetation retention areas, areas to be revegetated with native vegetation, or dispersion areas proposed for LID BMPs to meet the requirements of the adopted Stormwater Management Manual and LID Manual shall be maintained in accordance with the adopted Stormwater Management Manual and LID Manual. (Ord. 792, 7-29-2004; amd. Ord. 889, 9-8-2010; Ord. 2019-1057, 1-8-2020; Ord. 2021-1087, 11-17-2021)