Title 19 ZONING
Chapter 19.61 LANDSCAPE REQUIREMENTS
19.61.010 Purpose.
19.61.020 Scope.
19.61.030 Landscape development plan.
19.61.040 Performance bond.
19.61.050 Landscape maintenance.
19.61.060 Plant choices.
19.61.070 Landscaping and planting strip types for side and rear yards.
19.61.080 Landscape requirements for front yards.
19.61.090 Minimum landscape standards for required landscaping.
19.61.100 Landscaping requirements for commercial and industrial parking lots.
19.61.110 Tree removal or planting.
19.61.120 Boulevard or parking strip--May be required.
19.61.130 Boulevard or parking strip--Development and maintenance.
19.61.140 Maintenance of existing trees.
19.61.150 Definitions.
19.61.010 Purpose.
The purpose and intent of this chapter is to provide landscape development
and buffering requirements in order to maintain and protect property values,
enhance the appearance of the development, protect the aesthetic assets of the
community, reduce erosion and storm water run off, and provide screening between
incompatible land uses. The landscape requirements of this chapter are minimum
standards; additional landscaping will be encouraged. (Ord. 1097 § A(part),
2000).
19.61.020 Scope.
This chapter shall apply to all RM zones, MH zones, CS zones, I zones,
public facilities, and any residential developments where the development is
larger than four lots. No building permit, shall be issued where landscaping is
required until a landscaping plan has been submitted and approved by the city
planner or the design review board where applicable. A landscaping plan is not
required for a single-family building permit. (Ord. 1097 § A(part),
2000).
19.61.030 Landscape development plan.
Landscape development plans shall indicate all areas to be preserved and
planted including proposed fencing and landscape features. The landscaping plan
shall also show locations of individual trees and shrubs and include name, size,
spacing and quantity of the plant materials and all proposed irrigation lines
and structures. It is recommended that a landscape architect or a professional
nurseryman prepare required plans. (Ord. 1097 § A(part), 2000).
19.61.040 Performance bond.
No permanent occupancy permit shall be granted until landscaping required
under this chapter is completed. However, a permanent occupancy permit may be
granted if a performance guarantee bond in the amount of one hundred fifty
percent of the anticipated cost of the unfinished landscaping is posted
guaranteeing the installation of required landscaping is posted within one
hundred eighty days. If landscaping is not so completed, the city may finish it,
in accordance with the approved plan, using the bond to pay the completion
costs. The bond may be posted by certified check payable to the city, assignment
of a restricted savings account to the city, or posting an irrevocable letter of
credit or a bond with the city. (Ord. 1097 § A(part), 2000).
19.61.050 Landscape maintenance.
Plantings including trees and shrubs shall be maintained in a healthy
growing condition. Dead plants or trees shall be replaced by the property owner.
If it becomes necessary for the city to take action in removal and/or
replacement of required landscaping, the property owner will be billed for all
costs associated with the removal and/or replacement. The property owner is also
responsible to keep the landscaped areas reasonably free of weeds and trash.
(Ord. 1097 § A(part), 2000).
19.61.060 Plant choices.
All species shall be native to the area or recognized as being easily
adaptable to the climate. The city may require the applicant to modify the plant
choice to:
A. Eliminate undesirable species which may conflict with power
lines or sewers because of their growth or invasive root systems;
B. Provide
a diversity of species;
C. Provide plant materials that will fulfill the
buffering or landscaping purposes of that planting on a year-round
basis;
D. Provide visual relief on long facades;
E. Provide species that
are resistant to drought conditions. (Ord. 1097 § A(part), 2000).
19.61.070 Landscaping and planting strip types for side and rear yards.
A. Type I.--Ornamental Landscaping. This landscaping shall consist of a
combination of trees, shrubs and other landscaping materials, including bark
and/or decorative rock, or grass. The landscaping shall be designed to improve
the appearance of the development, not necessarily to obscure it. A mixture of
evergreen and deciduous plantings reaching a maximum height of thirty inches is
recommended. This does not apply to non-sight-obscuring trees.
B. Type
II--Mixed Trees, Shrubs, Low Plantings. This planting strip shall consist of one
row of trees spaced a maximum of ten feet on center. The remainder of the
planting strip shall be planted with plantings that will result in an attractive
ground cover within two years.
C. Type III--Sight Screening Evergreen Hedge.
The purpose of this landscaping type is to provide a sight, sound and
psychological barrier between zones with some degree of incompatibility. The
spacing of evergreen plants shall be such that they form a dense hedge within
three years. The minimum height, at the time of planting, shall be four feet,
except where the hedge would interrupt the clear vision triangle.
D. Type
IV--Low Plantings, Trees, and Fencing. Evergreen conifer trees shall be spaced a
maximum of fifteen feet on center, backed by a seventy-two inch fence which
forms an effective barrier to sight, except where the fence would interfere with
the clear vision triangle (see Chapter 15.28). The fence shall be placed on the
inside of the planting strip. The remainder of the landscape area shall be
planted with plantings that will result in an attractive ground cover within
three years.
E. Type V--Wall of Trees. The purpose of this landscape type is
to provide a sight, sound and psychological barrier between zones with a high
degree of incompatibility. This planting strip shall consist of two rows of
trees staggered and spaced a maximum of ten feet on center, so as to form an
effective visual barrier within five years. The minimum tree height, at the time
of planting, shall be six feet, except where it would obscure the vision
triangle.
F. Type VI--Boulevard or Parking Strip. Boulevard or parking strip
plantings are encouraged. The strip should be planted with non-fruit-bearing,
deciduous trees a minimum of fifty feet on center. At the time of planting,
deciduous trees shall be at least three inches in diameter at four feet in
height, and all necessary root barriers shall be installed. (Ord. 1097 §
A(part), 2000).
19.61.080 Landscape requirements for front yards.
Front yards shall be used for ornamental uses only. For the purposes of
this chapter, the term ornamental shall include all types of landscaping and
edible plantings. Property owners may landscape as close as three feet to the
owner’s side of the sidewalk on any city street which has an overall
right-of-way of more than sixty feet in any residential zone, providing however
that grass may be planted within that three foot area. All plantings on city
property are subject to removal by the property owner at the city’s
discretion and property owner’s expense. In the case that the property
owner does not remove the planting, the removal will be done by the city and the
property owner will be billed. (Ord. 1097 § A(part), 2000).
19.61.090 Minimum landscape standards for required landscaping.
A. In order to reduce the incompatible characteristics of abutting
properties with different land use classifications, minimum landscaping
standards shall be applied to planting strips on the interior property lines of
the most intense land use. In the case of a less intense land use being
developed directly adjacent to an existing land use of higher intensity, the
landscaping requirements may be established as a permit condition and may be
placed on the interior property line of the less intense land use.
B. For
the purpose of this chapter, the following is a listing of land uses in order of
intensity from the highest to the lowest: I-1, CS-1, HBD, CS-2, I-2, CS-3, TR,
MH, RM-5, RM-4, RM-3, RM-2, RM-1, RS-7,200, RS-8,400, RS-10,000.
1. All I
zones adjacent to all CS zones: Type III planting strip, ten feet in
width;
2. All I zones adjacent to public, semi-public or PU areas: Type III
planting strip, fifteen feet in width;
3. All I zones adjacent to MH zones:
Type III planting strip, ten feet in width;
4. I zones adjacent to TR zones:
Type III planting strip, fifteen feet in width;
5. All I zones adjacent to
RM housing: Type IV planting strip, ten feet in width. If I-2, fencing is
optional;
6. All I zones adjacent to RS housing: Type V planting strip,
fifteen feet in width;
7. CS zone adjacent to all MH: Type III planting
strip, ten feet in width;
8. All CS zones adjacent to public or semi-public
or PU areas: Type III planting strip, ten feet in width;
9. All CS zones
adjacent to RM housing: Type II planting strip, ten feet in width;
10. All
CS zones adjacent to RS housing: Type IV planting strip, fifteen feet in
width;
11. TR zone adjacent to RM zones: Type III planting strip, ten feet
in width;
12. TR zone adjacent to RS zones: Type IV planting strip ten feet
in width;
13. MH zone adjacent to RS housing: Type IV planting strip, ten
feet in width;
14. MH zone adjacent to RM housing: Type III planting strip,
ten feet in width;
15. RM housing adjacent to RS housing: Type IV planting
strip, ten feet in width. Fencing is optional;
16. PRD adjacent to all other
zones: Type II planting strip five feet wide, except I and CS zones where it
shall be ten feet in width;
17. Public buildings and utility substations
within all RS and RM zones: Type I planting strip five feet wide. (Ord. 1097
§ A(part), 2000).
19.61.100 Landscaping requirements for commercial and industrial parking lots.
Landscaping requirements for parking lots are as follows:
A. Parking
lots fronting on a public street right-of-way shall have fifty square feet of
“Type I” landscaping for every thirty-five hundred square feet of
parking area. Additional landscaping is encouraged, provided that the planting
shall not obstruct the vision triangle at street intersections and
driveways.
B. Additional plantings may be placed on a street right-of-way
behind the sidewalk line if the owner agrees to remove the landscaping, at the
owner’s expense, upon request of the city. The owner will maintain all
landscaping placed in the right-of-way.
C. No landscaping area shall be less
than fifty square feet in area,
D. No parking stall shall be located more
than fifty feet from a landscaped area. The planner may approve landscaping
plans involving alternatives to this specification for individual properties if
the proposed alternative would be more effective in meeting the purposes of this
chapter.
E. All landscaping must be located between parking stalls, at the
end of parking columns, or between stalls and the property line. No landscaping
which occurs between the parking lot and a building or recreation area shall be
considered in satisfaction of these requirements.
F. Parking lots containing
less than twenty parking spaces need provide only perimeter screening to satisfy
the landscaping area requirements.
G. When a parking lot abuts residentially
designated property along any interior property line, a “Type III”
buffer, or a minimum five foot wide “Type IV” buffer with plantings
spaced to form a solid sight-obscuring screen within three years, shall be
installed along the property line. An earthen berm may be substituted for the
above landscaping requirements, provided that the berm acts as a substantial
buffer or screen, is height and width appropriate to the area and is planted
with grass or other appropriate ground cover. This requirement shall not apply
when the abutting residentially designated property is six feet or more above or
below the elevation of the immediately adjacent parking area.
H. All
landscaped areas shall be protected from vehicle damage by a six-inch protective
curbing and, if necessary, wheel blocks. (Ord. 1097 § A(part),
2000).
19.61.110 Tree removal or planting.
A. No person shall remove any tree(s) or shrub from any street, alleys,
boulevard or parking strips of the city without first having applied for and
received a permit from the city to do so. The application for the permit and the
permit shall be on forms prescribed by the city and there will be no charge for
such a permit.
B. No person shall plant any tree(s), or shrubs on the
streets, alleys, boulevard or parking strips of the city without first having
applied and received a permit from the city. There will be no charge for such a
permit. (Ord. 1097 § A(part), 2000).
19.61.120 Boulevard or parking strip--May be required.
Boulevard or parking strips are encouraged and may be required by the city
as part of development permit approval. Planting requirements are listed above
as Type VI planting strips. Where street trees are required, the trees fronting
a building lot must be installed prior to final occupancy for that building
constructed on the building lot. At the time of plat approval, a note shall be
placed on the face of the plat indicating that it is the responsibility of the
property owner to maintain all trees placed within the city right-of-way
abutting their property. (Ord. 1097 § A(part), 2000).
19.61.130 Boulevard or parking strip--Development and maintenance.
A. Street trees shall be planted in accordance with accepted commercial
planting procedures and appropriate root barriers shall be installed at the time
of planting.
B. Street trees shall be chosen in accordance with the
plantings recommended by Puget Sound Energy. Lists of recommended trees are
available from the planning department.
C. The public works director will
prune and maintain, or cause to be pruned and maintained, all of the trees along
Lynden streets. The city will maintain the street trees on Front Street between
First and 17th Streets. The remaining trees will be the responsibility of the
adjacent property owner to maintain. If such trees are not maintained, the
public works director may cause those trees to be maintained at the expense of
the adjoining property owner.
D. All trees along city streets shall maintain
a minimum clearance of thirteen feet, six inches between the ground and lowest
branch. Street trees shall not be planted within the clear vision
triangle.
E. Adjacent property owners shall be liable for any persons
injured or who otherwise suffers damage due to the failure of trimming and
proper maintenance of trees by adjacent property owners. This shall include the
replacement of sidewalks damaged by intruding roots. (Ord. 1097 § A(part),
2000).
19.61.140 Maintenance of existing trees.
When a building or development is planned on a site that includes existing
trees greater than twelve inches in diameter at five feet in height, every
reasonable effort shall be undertaken to preserve those trees. Except, however,
that those trees that are diseased or that pose a threat to public safety may be
removed. All landscape plans must show all existing trees, those trees to be
removed and the placement of a number of trees equal to that number of trees to
be removed. (Ord. 1097 § A(part), 2000).
19.61.150 Definitions.
As used in this chapter:
“Berm” means an earthen mound
designed to provide visual interest, screen undesirable views, and/or decrease
noise.
“Buffer” means a combination of physical space and
vertical elements, such as plants, berms, fences, or walls, the purpose of which
is to separate and screen incompatible land uses from each
other.
“Conifer” means a plant with foliage that persist and
remains green year-round, commonly known as
evergreens.
“Deciduous” means a plant with foliage that is shed
in the annually.
“Ornamental tree” means a deciduous tree
planted primarily for its ornamental value or for screening purposes; tends to
be smaller at maturity than a shade tree.
“Screen” means a
method of reducing the impact if noise and unsightly visual intrusions with less
offensive or more harmonious elements, such as plants, berms, fences, walls, or
any appropriate combination thereof.
“Shade tree” means usually
a deciduous tree planted primarily for its high crown of foliage or overhead
canopy, normally a deciduous, and rarely an evergreen.
“Shrub”
means a woody plant, smaller than a tree, consisting of several small stems from
the ground or small branches near the ground; may be deciduous or
evergreen.
“Tree” means a large, woody plant having one or
several self-supporting stems or trunks and numerous branches; may be classified
as deciduous or coniferous. (Ord. 1097 § A(part), 2000).
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