This landscaping standards section applies to the following zoning districts: PR; AG; IA; R1; R2; R3; UR; M1; M2; MP; UV; IS; NC; LC; GC; OC; CB; HC; EP; IC; I1; I2; and HI. The intent of landscaping standards is to maintain community character, enhance the visual quality of developments, screen land uses, and better integrate the built and natural environment. The following standards apply.
(A) Cross-reference.
(1) Vision clearance standards. All landscape materials shall be located to avoid interference with visibility per § 165.293 (Vision Clearance Triangle Standards).
(2) Trees preservation. Removal of trees within the right-of-way shall not occur without the permission of the Street Tree Commission.
(B) Applicability. Landscape materials consistent with the requirements of this unified development chapter shall be required when one of the following conditions is met:
(1) New primary structure. An Improvement location permit for a new primary structure is obtained; or
(2) Addition to primary structure. An improvement location permit for an addition to the primary structure that adds 50% or more square footage is obtained.
(C) Placement.
(1) Easements. Landscape materials shall not be planted in rights-of-way or easements without permission from the city and/or the easement holder unless otherwise required by this unified development chapter. A tree canopy, however, may project over a right-of-way or any type of easement.
(2) Infrastructure interference.
(a) Landscape materials shall be located to avoid interference with overhead and underground utilities.
(b) Landscape materials shall maintain five feet of horizontal clearance from sewer and water lines.
(c) Landscape materials shall not project into sidewalks, pedestrian paths and the like below a height of seven feet.
(d) Landscape materials shall not project over street curbs or pavement below a height of eight feet.
(D) Maintenance. Trees, vegetation, irrigation systems, fences, walls and other landscape materials are essential elements of a project. Owners and their successors in title are responsible for the regular maintenance of all landscaping materials such that they are kept in good condition, including street trees located in the adjacent right-of-way. All landscape materials shall be maintained alive, healthy and free from disease and pests. Failure to maintain minimum landscape materials is a violation of this unified development chapter subject to the provisions of §§ 165.500 through 165.514 and 165.999.
(E) Tree preservation credits. The preservation of an existing healthy tree shall constitute an in-kind credit toward meeting the landscape standards in this unified development chapter. A credit shall be granted per tree that contributes to and satisfies similarly to the intent of a particular section of the landscape standards (e.g., street trees, lot plantings, pond plantings or bufferyards) within this unified development chapter.
(1) Preservation plan. If tree preservation credits are desired, a tree preservation plan shall be submitted prior to any construction activity. The tree preservation plan shall identify the trees intended to be saved and a strategy for retaining and protecting the trees and their existing root systems.
(2) Credits.
(a) For each preserved deciduous tree with the caliper measurement of eight inches or greater, credit for two deciduous trees shall be granted.
(b) For each preserved evergreen tree eight feet tall or greater, credit for two evergreen trees shall be granted.
(3) Drip line protection. Any tree intended to be protected shall have a construction fence or similar conspicuous barrier installed around the tree at the drip line. Soil disturbance or compaction shall be prohibited within the drip line. Storage of materials inside the fence shall be prohibited.
(4) Unplanned damage. Any tree intended to be saved that is removed or damaged shall be replaced in the same proportion as the credits that were originally granted.
(Ord. 10-2010, passed - -2010, § 5.42)