(a) Purpose and Intent. These standards are intended to establish landscaping regulations that:
(1) Improve the aesthetic appearance of setback areas, common open space areas, public rights-of-way and off-street vehicular parking areas;
(2) Encourage the preservation of existing trees and natural features;
(3) Promote compatibility among different land uses;
(4) Promote the use of generally accepted landscape design principles; and
(5) Protect public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, controlling soil erosion, screening unsightly areas, preserving the integrity of neighborhoods and enhancing pedestrian and vehicular traffic and safety.
(b) Application. The Planning and Zoning Administrator may require a landscape plan and/or tree survey to be submitted in conjunction with any application for a zoning certificate, a variance, a conditional use permit, a similar use determination, a subdivision plat, or a site plan and design review approval. Such landscape plan and/or tree survey shall include the following:
(1) The present location, size, and description of all existing major trees, with a designation of existing major trees sought to be removed.
(2) The location, size and description of landscaping materials proposed to be placed on the lot in order to comply with this section.
(3) The location and size of any structures presently on the lot, and those proposed to be placed on the lot.
(4) The proposed location and description of screening to be placed on the lot in order to comply with this section.
(c) General Landscape Provisions.
(1) When required by the Planning and Zoning Administrator, a landscape plan shall be approved in accordance with this chapter prior to granting a zoning certificate, a variance, a conditional use permit, a similar use determination, a subdivision plat, or a site plan and design review. A zoning certificate is not required for the addition of pervious surface including grass, mulched groundcover, other planted areas, and/or permeable or pervious pavers or paving that facilitates the infiltration of water into the soil.
(2) No landscaped area shall be used for display and/or storage purposes.
(3) The species, location and spacing of trees and shrubs planted in all public rights-of-way and on all sites shall be subject to approval by the Planning and Zoning Administrator.
(4) No certificate of occupancy shall be granted until all conditions herein have been met; however, in the event landscaping cannot be completed due to weather conditions, or peculiar conditions related to the development of the subject property such as conditions related to phased development, the applicant shall provide financial security, in a form acceptable to the City, in the amount of one hundred twenty-five (125) percent of the cost of materials and installation of all remaining landscaping to be completed and an estimate of such costs in order to be eligible for a certificate of occupancy.
(5) When phasing development upon a property, a proportionate share of landscaping acceptable to the City shall be installed and maintained with each phase based on the size of the proposed phase and shall be considered completed for the purposes of these regulations when such proportionate share of landscaping has been installed, unless special circumstances warrant the installation of a greater amount of landscaping with any phase.
(6) The developer and/or property owner shall be responsible for the installation and maintenance of all landscaping, buffering, perimeter treatment and screening improvements in a healthy condition. This provision shall also apply to single-family and two-family dwellings.
(7) Bare earth shall not be considered landscaping or a landscaped area for the purposes of meeting the landscape requirements herein. Land area shall be considered “covered” if it is used for growing grass, shrubs, trees, plants or flowers, or if covered by decorative rock, stone or wood chips, or otherwise landscaped as provided herein. This provision shall also apply to single-family and two-family dwellings.
(8) These landscaping provisions are not intended to require multiple or overlapping setbacks, buffers and perimeter treatments. When more than one (1) such standard applies, that standard which results in the higher landscaping or buffering requirement shall apply. Buffering and perimeter treatments may be located within the required setbacks and may be counted toward required open space except not as usable open space.
(9) Utility easements which conflict with required buffer yards, perimeter treatment, parkway or median standards may require an alternative design approach to address such conflicts.
(d) Tree Preservation. Unless exempted in accordance with this subsection, all existing major trees shall be preserved. The Building Inspector may approve the cutting down, removal or destruction of a major tree/trees when the tree or trees interferes with the proper development of the lot, provided that the lot is the subject of an application for approval of a zoning certificate, development plan approval or variance, such application is approved and one (1) of the following applies:
(1) The tree or trees will be located within the public right-of-way.
(2) The subject property cannot be arranged in a manner to avoid removal of the tree or trees at the same time permitting the desirable and logical development of the lot.
(3) The tree/trees are located within the proposed driveway to service a single-family home, and such driveway cannot otherwise be relocated.
(4) The tree is damaged or diseased or can be proven to be of poor quality.
(5) The tree/trees are an undesirable species in its present location.
(e) Tree Replacement. Each existing major tree removed in accordance with subsection (d) above shall be replaced with one (1) tree, having a minimum caliper of one and three-quarters (1 3/4) inch as measured one (1) foot above ground level.
(f) General Landscape Standards.
(1) The following standards shall ensure that landscaping is used to improve the aesthetic quality of a development or site in addition to providing a functional purpose and year-round interest and/or screening.
(2) The size of landscape elements and materials shall meet minimum standards and be consistent with the size of the project and any existing streetscape. Minimum plant sizes are as follows.
(3) Landscaping in parking areas, driveway entrances and intersections shall be designed to meet the minimum clear sight triangle as defined in the Zoning Code.
(4) Monoculture, or the extensive use of a single species of trees, shall be limited in order to minimize the potential for disease or pests to strike a particular species resulting in significant same-species loss. The following limits shall apply.
(5) Plant materials used in conformance with the provisions of this section shall conform to the specifications of the American Association of Nurserymen (AAN) for number one grade and shall have all wire and twine removed prior to planting. All trees shall be balled and burlapped or equivalent. Grass sod shall be clean and free of weeds and noxious pests or diseases. Plant materials which are known to be intolerant of the area in which they are proposed to be installed, or whose physical characteristics may be injurious to the public shall not be specified for use.
(6) If any trees or other plant materials die or become diseased and must be removed, the property owner shall be responsible for replacing all materials that were removed. In the event that existing preserved trees die or become diseased and must be removed; the replacement shall be based on the tree credits Table 1105.07A. If trees or shrubs are removed for convenience purposes, the property owner shall be responsible for replacing all removed materials elsewhere on the site. If adequate space is not available on the site, the replacement shall occur at a location approved by the City. Upon issuance of a citation, corrective action shall be completed within sixty (60) days unless the Development Director or designee determines that weather constraints require one (1) additional sixty (60) day period. Failure to meet the requirements of this section shall constitute a violation of this Zoning Code and the penalty requirements shall apply.
(7) Trees and shrubs shall be planted so that at maturity they do not interfere with utility service lines and traffic safety. Trees planted near public sidewalks shall be installed in such a manner as to prevent physical damage to sidewalks, curbs, gutters, pedestrian ways, bike paths and other public improvements. A protective tree grate and vault shall be provided when trees are planted in paved areas such as plazas or sidewalks. This provision shall also apply to single-family and two-family dwellings.
(8) When an applicant presents that the placement of all trees and shrubs as required in this section would create an impractical landscape effect, a portion of the trees and shrubs may be located in alternative locations on the same site, subject to approval by the Development Director or designee.
(9) In no event shall a landscaped setback be less than six (6) feet in width, nor shall the width of the landscaped setback be inadequate to allow for the installation and healthy growing condition for the required amount of trees or shrubs.
(10) In order to promote efficient irrigation and maintenance measures, berms shall not exceed a slope of three to one (3:1) and shall be graded to appear as smooth, rounded, naturalistic forms.
(11) To insure that landscape materials do not constitute a driving hazard, a clear “sight triangle” shall be observed at all street and access drive intersections. In the case of a City street intersection, the sight triangle shall consist of the area between points twenty (20) feet along both intersecting streets from their respective edge of pavements. Ground cover, perennials, shrubs and trees shall be permitted within the sight triangle provided that perennials and shrubs do not exceed a maximum height of eighteen (18) inches and tree trunks shall be devoid of limbs to a height of eight (8) feet.
(g) Street Tree Requirements. It shall be required in all zones and districts that applicants plant trees along public streets of their development. Trees shall be planted in such manner, type, quantity and locations as approved by the Planning and Zoning Administrator or the Planning Commission in conjunction with the site plan and design review process, as defined by the following conditions, and that any undeveloped street or existing street with undeveloped frontage shall conform to these requirements at the time of the development.
(1) Trees planted shall be on the list of approved street trees maintained by the City of Reynoldsburg.
(2) The minimum spacing between this and other trees shall be thirty-five (35) feet for large trees (mature height of fifty (50) feet or more), twenty-five (25) feet for medium trees (mature height of between thirty (30) and fifty (50) feet and fifteen (15) feet for small trees (range from ten (10) to thirty (30) feet at maturity).
(3) The maximum spacing between trees shall be forty-five (45) feet for large trees, thirty-five (35) feet for medium trees, and twenty-five (25) feet for small trees.
MINIMUM PLANT SIZE | |
PLANT TYPE | PLANT SIZE |
Deciduous trees | Two (2) inches caliper, measured one (1) foot above ground |
Ornamental trees | One and one-half (1 1/2) inches caliper, measured one (1) foot above ground |
Evergreen trees | Six (6) feet in height |
Shrubs | Eighteen (18) inches in height or eighteen (18) inches spread, depending on growth characteristics |
(4) The minimum distance between the tree and the edge of the street shall be two and one-half (2½) feet for a large tree, two (2) feet for medium tree and one and one-half (1½) feet for a small tree. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalks shall be two (2) feet for a large tree, two (2) feet for a medium tree and one and one-half (1½) feet for a small tree, as defined in approved street tree list.
MAXIMUM USE OF SAME SPECIES | |
NUMBER OF TREES ON SITE | MAXIMUM % OF SAME SPECIES |
10-19 | 50% |
20-39 | 33% |
40-59 | 25% |
Over 60 | 15% |
(5) Trees shall be located so that a twenty (20)-foot sight triangle is maintained at street intersections.
(6) A small tree shall be used when planting under or within ten (10) lateral feet of overhead utility wires. A small or medium tree shall be used when planting within ten (10) to twenty (20) lateral feet of overhead utility wires.
(7) At the time of platting, the developer shall develop a street tree plan that establishes the species and size of trees to be planted along the streets of the proposed subdivision.
(8) The developers shall be required to maintain all trees for a period of one (1) year after any installation and replace any tree which fails to survive or does not exhibit normal growth characteristics of health and vigor within such one (1) year period. Upon completion of a street tree planting, the landscape contractor shall contact the Department of Development for a preliminary inspection. The one (1)-year guarantee period shall begin after the approval of the Department of Development. A final inspection shall be made at the end of the guarantee period. All trees not exhibiting a healthy, vigorous growing condition, as determined by the City’s inspection, shall be promptly replaced at the expense of the developer. Upon replacement, the one (1)-year guarantee period shall recommence for those materials having been replaced.
(9) All street trees along any one (1) street shall be of the same species and variety to promote a continuous landscape treatment. A change in variety will only be permitted at intersections and other logical beginning and ending points.
(10) The minimum trunk caliper measured one (1) foot above the ground for all street trees shall be no less than two (2) inches.
(h) Interior Lot Landscaping.
(1) For all new construction or land development for which a building permit and/or a zoning certificate is required, trees shall be provided for within the structure-related property lot lines, equal to or in excess of the following total tree trunk diameters (as measured one (1) foot from the ground level) for the specified building ground coverage square footage or land area square footage, by building and/or land use type, as follows:
A. All residences and residential land uses, per dwelling unit, there must be planted one-half (½) inch in trunk diameter for every one three thousand (3,000) square feet of lot size or fraction thereof, with a minimum of two (2) inches of total trunk diameter.
B. All commercial structures, including commercial-related parking, loading and trash storage areas, and all industrial, warehouse, and storage uses and their associated parking, loading, and trash storage areas:
1. Up to twenty thousand (20,000) square feet: one (1) inch trunk diameter for every two thousand (2,000) square feet or fraction thereof with a minimum of two (2) inches of total trunk diameter.
2. Twenty thousand and one (20,001) to fifty thousand (50,000) square feet: a total trunk diameter of ten (10) inches, plus one-half (½) inch of trunk diameter for every two thousand (2,000) square feet over twenty thousand (20,000) square feet or fraction thereof.
3. Over fifty thousand (50,000) square feet: a total trunk diameter of twenty (20) inches, plus one (1) inch of trunk diameter for every four thousand (4,000) square feet over fifty thousand (50,000) square feet or fraction thereof.
a. All office uses, institutional uses, convalescent and nursing homes and child daycare facilities, including related parking, loading and trash storage areas.
4. Up to nineteen thousand five hundred (19,500) square feet: one (1) inch in trunk diameter for every one thousand five hundred (1,500) square feet or fraction thereof, with a minimum of two (2) inches of total trunk diameter.
5. Nineteen thousand five hundred and one (19,501) to forty-nine thousand five hundred (49,500) square feet: a total trunk diameter of thirteen (13) inches, plus two (2) inches of trunk diameter for every two thousand (2,000) square feet over nineteen thousand five hundred (19,500) square feet or fraction thereof.
6. Forty-nine thousand five hundred and one (49,501) square feet and more: a total trunk diameter of twenty-five (25) inches, plus two (2) inches of trunk diameter for every three thousand (3,000) square feet over forty-nine thousand five hundred (49,500) square feet or fraction thereof.
(2) Existing healthy trees and shrubs shall be preserved and incorporated into the overall site and landscape design to the maximum extent practical as determined by the City. Existing trees may be credited toward minimum tree planting requirements as follows:
A. Existing trees, which are preserved, may be credited toward the tree planting requirements of this section according to Table 1105.05A - Credit for Existing Trees. Tree credits shall be given as long as all other provisions and the intent of this Zoning Code are met. Fractional caliper measurements shall be attributed to the next lowest category.
B. No credit shall be given for existing preserved trees that are:
1. Not located on the actual development site;
2. Not properly protected from damage during the construction process;
3. Prohibited species under the caliper size of thirteen (13) inches measured at four and one-half (4½) feet above the ground; or
4. Dead, dying, diseased, or infested with harmful insects.
(3) In order to apply for credit, existing trees must be protected during construction. All existing trees shall be protected by the placement of an orange construction fence around the perimeter of the tree/trees. In order to protect the root system of the existing trees, said fence shall be installed at a minimum radius from the trunk. The minimum shall be one (1) foot of radius per one (1) inch of caliper of the tree. (ex. On a six (6) inches diameter tree, the fence shall be placed a minimum of six (6) feet from the trunk of the tree.)
(4) No new tree plantings shall be required if existing trees to remain on the site after development, and the aggregate trunk sizes of such trees, meet or exceed the requirements as set forth above.
(5) Any combination of existing and new trees may be used to meet the requirements of this section.
(i) Property Buffer Requirements.
(1) Grass or ground cover required. Grass or ground cover shall be planted on all portions of the required buffer not occupied by other landscape material. Trees do not have to be equally spaced but may be grouped. All landscape requirements shall be met by the applicant if his/her property is contiguous to property fully developed prior to the passage of this chapter. A landscape plan meeting the requirements of this section shall be approved by the Planning Commission or the Planning and Zoning Administrator in conjunction with the site plan and design review process before the commencement of construction on the subject property.
(2) Buffer requirements. When one zoning classification abuts another zoning classification, a minimum buffer zone shall be required as follows:
A. Any residential zone adjoining the EMD, BMD, or ORD-C; required buffer zone is ten (10) feet adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty (40) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound, or combination thereof.
B. Any residential zone adjoining the CC required buffer zone is fifteen (15) feet adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty (40) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.
C. Any residential use adjoining a property located in a residential zone operating with a conditional use; required buffer zone is fifteen (15) feet adjacent to all common boundaries except street frontage and shall include one (1) tree for each forty (40) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.
D. Any residential zone or any residential use in any zoning classification adjoining an Innovation (I) District required buffer zone is twenty (20) feet adjacent to all common boundaries except street frontage and shall include one (1) tree for each twenty (20) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.
E. Any zone adjoining a freeway or arterial street prohibiting driveways; required buffer zone is twenty (20) feet for residential zones and fifteen (15) feet for all other zones adjacent to a freeway or arterial and shall include one (1) tree for each thirty (30) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.
F. Any zone (except Innovation) adjoining a railroad; required buffer zone is twenty (20) feet for residential zones and fifteen (15) feet for all other zones adjacent to railroad boundaries and shall include one (1) tree for each thirty (30) feet of linear boundary, or fraction thereof, and a continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof.
(j) Parking Area Landscaping Standards.
(1) Parking lots containing more than six thousand (6,000) square feet of area or twenty (20) or more vehicular parking spaces, whichever is less, shall provide interior landscaping of the peninsular or island types of uncompacted, well-drained soil that contains a minimum of six (6) inches of top soil mix, as well as perimeter landscaping.
TABLE 1105.07C - CREDIT FOR EXISTING TREES (IN AGGREGATED INCHES) | |
CALIPER AT FOUR AND HALF FEET ABOVE GROUND | NUMBER OF TREE CREDITS |
20 total inches | 4 (equal to 4 trees) |
13 - 19 total inches | 3 (equal to 3 trees) |
8 - 12 total inches | 2 (equal to 2 trees) |
2 - 7 total inches | 1 (equal to 1 tree) |
(2) For every ten (10) parking spaces or fraction thereof, the applicant shall provide not less than two hundred (200) square feet of interior landscaped parking lot areas containing at least one (1) tree with a minimum diameter of two (2) inches and four (4) shrubs.
(3) The minimum landscape area permitted shall be two hundred (200) square feet with a minimum planting width of ten (10) feet.
(4) In order to encourage the required landscape areas to be properly dispersed, and to break up large expanses of parking, no individual landscape area shall be larger than five hundred (500) square feet in size in vehicular use areas less than thirty thousand (30,000) square feet and no individual landscape area shall be larger than two thousand (2,000) square feet in vehicular use areas over thirty thousand (30,000) square feet. Individual landscape areas larger than above are permitted as long as the additional area is in excess of the required minimum total.
(5) All parking lots shall provide perimeter landscaping. Parking lots shall have perimeter landscaping of a minimum width of ten (10) feet exclusive of vehicle overhang. The perimeter landscaping shall consist of a continuous evergreen hedge, evergreen trees, earthen mound or a combination thereof as required to provide a continuous opaque screen, a minimum of thirty-six (36) inches in height, within one (1) year of installation. The perimeter landscape shall also contain a minimum of one (1) deciduous tree per fifty (50) linear feet of parking perimeter.
ZONE OR DISTRICT REQUIRING BUFFER | ADJACENT ZONE OR DISTRICT TO REQUIRED TO PROVIDE BUFFER | BUFFER REQUIREMENTS |
ZONE OR DISTRICT REQUIRING BUFFER | ADJACENT ZONE OR DISTRICT TO REQUIRED TO PROVIDE BUFFER | BUFFER REQUIREMENTS |
SR or RM | ORD-C, EMD, or BMD | • Ten (10) foot buffer along all common boundaries; • One (1) tree for every forty (40) feet of linear boundary or fraction thereof; • Continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof. |
SR or RM | CC | • Fifteen (15) foot buffer along all common boundaries; • One (1) tree for every forty (40) feet of linear boundary or fraction thereof; • Continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof. |
Any residential use in any zoning district | Any non-residential use in SR or RM | • Five (5) foot buffer along all common boundaries; • One (1) tree for every fifty (50) feet of linear boundary or fraction thereof; • Continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof. |
SR, RM, or residential use in other zoning district | I | • Fifteen (15) foot buffer along all common boundaries; • One (1) tree for every twenty (20) feet of linear boundary or fraction thereof; • Continuous ten (10) foot high planting, hedge, fence, wall, earth mound or combination thereof. |
Any zone (except for Innovation) | Adjacent freeway or arterial | • Twenty (20) feet for residential zones and fifteen (15) feet for all other zones adjacent to a freeway or arteria • One (1) tree for each thirty (30) feet of linear boundary, or fraction thereof; • Continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof. |
Any zone (except for Innovation) adjoining a railroad | Any property with a railroad | • Twenty (20) feet for residential zones and fifteen (15) feet for all other zones adjacent to railroad boundaries; • One (1) tree for each thirty (30) feet of linear boundary, or fraction thereof; • Continuous six (6) foot high planting, hedge, fence, wall, earth mound or combination thereof. |
(6) Parked vehicles may hang over the interior landscaped area no more than two and one-half (2½) feet. Concrete or other wheel stops shall be provided to ensure no greater overhang on the landscaped area. Where parked vehicles will overhang, a four (4)-foot minimum spacing shall be provided from the edge of pavement to all trees.
(7) Grass or ground cover shall be planted on all portions of the required landscaping area not occupied by other landscape material. Such material fulfills required interior or perimeter landscaping.
(k) Screening and Landscaping for Service Structures. In order to properly screen service structures from the main building and neighboring lots, the following screening requirements shall apply:
(1) Location of screening. Either a solid, opaque fence or wall or earth berm, with a continuous planting of evergreen plant material shall enclose any service structure on all sides, unless such structure must be frequently accessed, in which case screening on all but one (1) side is required. The average height of the screening fence or wall shall be one (1) foot more than the height of the enclosed structure but shall not exceed the maximum permitted height of fences and walls of the District.
(2) Mechanical equipment and service functions associated with a building shall, to the maximum extent feasible, be incorporated into the overall design theme of the building and the landscape so that these functions are out of view from public ways and adjacent properties while allowing convenient access.
(3) Plant material required for screening of service structures shall not count towards the fulfillment of other landscape requirements in this section. No interior landscaping shall be required within an area screened for service structures.
(4) Curbs to protect plant material. Whenever plant material is placed around any trash disposal unit or waste collection unit which is emptied or removed mechanically on a regular basis, a curb to contain the placement of the container shall be provided adjacent to the plant material. The curbing shall be at least one (1) foot from the material and shall be designed to prevent possible damage to the plant material when the container is moved or emptied.
(5) Service structures shall be grouped together whenever possible.
(6) The provisions of this section shall not apply to service structures located on lots with single-family and two-family dwellings, except that any generator located within six (6) feet of any lot line shall be screened in accordance with this section.
(l) Natural Preservation Zones.
(1) Applicability. Natural preservation zones are areas that protect both the aesthetic appearance and environmental significance including, but not limited to, woodlands, wetlands, ravines, flood plains, streams, lakes, ponds, and/or steep slopes and can provide effective buffers between different or same land uses. Such zones should be designated on the concerned property. It is the intent of this section to encourage the use of these preservation zones in new developments including single- family subdivisions, multi family, commercial and industrial construction. It is the further intent of this section not to preclude and/or prevent development, but to protect and preserve environmentally significant areas by fostering the use of buffer zones that could be integrated within the development. Preservation zones shall be used in a manner to promote and protect the public safety, convenience, comfort, prosperity, and general welfare of the City.
(2) Determination of preservation zones.
A. Environmentally significant areas shall be required to have a preservation zone(s). (The natural resources maps A and B in the Reynoldsburg Planning Guide are guides in determining the environmentally significant areas. These maps shall be a guide in determining areas that shall be required to have preservation zones.)
B. However, this shall not preclude the Planning and Zoning Administrator or the Planning Commission from recommending and/or approving preservation zones in other areas that are considered to be environmentally significant. In determining preservation zones, the Planning and Zoning Administrator or the Planning Commission determines that the area needs to be protected from development and which could serve as a buffer between different or same uses.
(3) Approval of preservation zones. Preservation zones shall be approved in accordance with the following procedures:
A. The Planning Commission shall have the authority to approve a preservation zone for a subdivision and/or a planned district. This approval shall occur during the preliminary plat stage and shall follow the procedures set out in Chapter 1111. The Planning and Zoning Administrator may recommend to the Planning Commission the location of a preservation zone.
B. Preservation zones shall become part of the final plat or final development plan for subdivisions by the Planning Commission and approved by Council. Preservation zones shall become part of the site plan that is part of the certificate of appropriateness approval.
(4) Protection of preservation zones.
A. Before any activity, clearing, and/or construction begins, the entire preservation zone shall be enclosed with at least three (3) foot high orange construction fencing to prevent any access to the area. Such fencing shall protect the root systems of vegetation within the preservation zone. The fencing can only be taken down for an individual lot when an occupancy permit has been issued for the structure on the concerned lot. The fencing shall remain on the undeveloped lots until occupancy permits are granted for each lot.
B. Said preservation zone shall not be disturbed any time before, during, or after said construction except for necessary access as approved by the Planning and Zoning Administrator.
C. No permanent or temporary structure, building, or fence shall ever be placed upon, in, or under said preservation zone.
D. Utilities and roadways in preservation zones may only be installed consistent with an Environmental Plan and/or Mitigation Plan.
E. No development, clearing, thinning, construction, or work shall be performed in the preservation zone except for necessary construction as deemed necessary by the Planning and Zoning Administrator. If a preservation zone is disturbed at any time (including but not limited to utility construction and/or easement, building or grading construction) by the developer, contractor, subcontractor, house builder, property owner, or a representative, such disturbances that occur shall be restored to an approved condition. Diseased trees and/or diseased vegetation may be removed with the approval of the Planning and Zoning Administrator. Obnoxious weeds and/or brush of less than one (1) inch caliper may be removed without destroying the integrity of the preservation zone.
F. No dirt, stones, wood, or debris shall be placed within the preservation zone.
G. Trees located in a preservation zone that have been pushed over, cut apart, blown over, or fallen due to aging and/or deterioration are the property owner’s responsibility to remove from the preservation zone.
H. A utility company servicing and/or installing utilities in the designated preservation zone shall also be subject to these restrictions.
I. These restrictions shall be printed on the final plat, the final development plan, and/or site plan.
J. Drainage shall not be changed in a manner that will damage the preservation zone.
K. The developer shall notify each property purchaser in the concerned subdivision and/or the development of the preservation zone requirements. Such notification shall be in writing and shall be submitted to the property purchaser at the time of closing.
L. The developer shall notify all contractors, utility companies, and/or cable companies doing work in the concerned subdivision of the preservation zone requirements.
(Ord. 33-2020. Passed 3-23-20; Ord. 103-2021. Passed 7-26-21.)