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EL
PASO COUNTY
LAND DEVELOPMENT CODE
Chapter
IV - Section 35.12
Landscape Requirements
GENERAL
INTENT AND PURPOSE
The
landscape criteria is intended to provide uniform standards for
the development and maintenance of the landscaping of private property
and public rights-of-way and to achieve a balance between the individual
rights to development and the general benefit and welfare of the
community.
Landscaping
benefits to be achieved and the overall purposes are: to create
a positive image and visual appeal both along the streetscape which
is highly visible and internal properties which provide a working,
shopping and living environment; to decrease the scale of parking
lots, provide shade, and reduce heat, glare and noise; to separate
circula-tion systems; to soften and reduce the mass of buildings;
to screen and buffer lower intensity uses from higher intensity
uses and protect resi-dential privacy; to create an overall pleasant
and attractive surrounding.
A.
GENERAL PROVISIONS
1.
The requirements of subsections B through K, excluding
subsection H as noted in said subsection, shall apply in the following
zone districts:
R-3
(Residential)
R-4 (Except D-1, and D-2, and all single family/two-family uses)
PUD (Except all single family/two family uses)
C-1 (Commercial)
C-2 (Commercial)
NBD (Neighborhood Business District)
POC (Planned Office Complex)
PBP (Planned Business Park)
PBD (Planned Business District)
PBC (Planned Business Center)
PID (Planned Industrial District)
M (Industrial)
PHID (Planned Heavy Industrial District)
R & D (Research & Development)
HWT (Hazardous Waste Storage & Treatment Facility)
MHP (Mobile Home Park)
MHS (Mobile Home Subdivision)
RVP (Recreational Vehicle Park)
RVS (Recreational Vehicle Subdivision)
2.
The requirements of subsections B through K shall also apply to
all uses other than one/two family residential (and associated
accessory uses) within the R-T (Residential-Topographic), R (Residential),
R-1 (Residential), and R-2 (Residential) zoning districts.
3.
The requirements of subsections B through K shall
apply to other uses which specifically reference compliance with
this Section 35.12.
4.
The requirements of subsection H shall apply to transmission
towers/utility facilities.
5.
The requirements of subsections B through K, excluding
subsections H, shall apply to any zones or uses indicated in subsection
A.1. and A.2. for existing buildings where the new construction/
addition of a building's floor area exceeds 50% or more of the
existing building's gross floor area of the development project
on the subject lot.
B.
LANDSCAPE SETBACKS
1.
Minimum Depth of Landscaped Setback
a.
Along Streets 1) Adjacent to a major arterial*, expressway*
or freeway* - twenty-five (25) feet. 2) Adjacent to a minor
arterial* - twenty (20) feet. 3) Adjacent to any non-arterial*
street - ten (10) feet.
b.
Modified Location of Required Landscaping to Accommodate
Identified Urban Interchange Locations (Including Powers Boulevard)
Urban
interchange grade separated intersections, as identified upon
the adopted Powers Boulevard Corridor Maps, as amended, and
other adopted maps noting an urban interchange, shall accommodate
the required twenty-five (25) landscape setback beyond an area
to be reserved for an urban interchange right-of-way. The geometrics
of the reserved right-of-way and minimum landscaped area for
the urban interchange are included within the County's "Landscape
Policy and Design Manual".
2.
Minimum Number of Trees in Landscaped Setbacks
a.
Adjacent to a major arterial*, expressway*, or freeway*
- A minimum of one (1) tree for every twenty (20) feet of frontage
of the property.
b.
Adjacent to a minor arterial* - A minimum of one
(1) tree for every twenty-five (25) feet of frontage of the
property.
*
Street classifications are based on the classification noted on
the County's Functional Classification Map when adopted. Prior
to adoption of the Functional Classification Map the Major Transportation
Corridor Map shall apply.
c.
Adjacent to any non-arterial street - A minimum
of one (1) tree for every thirty (30) feet of frontage of the
property.
3.
Location of Trees in Setback - Or Location to Otherwise Satisfy
Setback Requirements
The
required landscape setback trees may be clustered along a particular
frontage or boundary. The trees utilized are to be from the types
commonly known to grow in the Colorado Springs area, which are
listed within the County's "Landscape Policy and Design Manual".
a.
The required landscaped setback trees may be located in a landscaped
setback with a depth greater than the minimum required depth;
however, in any case the required trees shall be located within
fifty (50) feet of the street side property line and between
the street and any building (if applicable).
b.
The required landscape setback trees may be allowed
(in part or in total) in the adjacent public right-of-way if:
1)
The El Paso County Public Works Department, State
Highway De-partment or other road authority (as applicable)
approves of the trees in the right-of-way;
2)
No conflicts exist with utility easements and/or
any affected provider of utilities.
Location
of the required setback trees within the right-of-way shall
not negate the requirement of the applicable landscape setback
area unless the required trees cannot be placed in the landscape
setback due to the existing development of the site. In this
instance administrative relief will be required (also subject
to approval as noted in items #1 and #2 above.)
4.
Walls and Fences in Landscape Setback Area Walls and fences which
are twenty-five (25) percent or more opaque in design shall be
no higher than three (3) feet above finish grade in a required
landscape setback. Opaque walls and fences higher than three (3)
feet (such as noise barriers) must be located inside of the landscaped
setback to maintain a land-scaped appearance along the street.
5.
Landscape Setbacks Between Zones - see "Buffers"
C.
PARKING LOT LANDSCAPE REQUIREMENTS
1.
Required Trees
One
(1) tree of a type suitable for parking lots shall be provided
for every fifteen (15) open (not in a garage) vehicular parking
stalls in parking lots with fifteen (15) or more stalls or parking
spaces. The required trees may be clustered but shall be located
in a manner which will divide and break up expanses of paving
and long rows of parking stalls and to create a canopy effect
in the parking lot. The most common method to satisfy the parking
lot tree requirement is through the utilization of plant islands,
fingers (areas open to the parking on three sides) and corners
(open to the parking on two sides). However, small parking lots
can utilize the perimeter area of the parking lot to satisfy the
parking lot tree location requirement when there are not more
than two rows of parking stalls with a central (singular) drive
aisle.
All
trees shall be protected from vehicular damage by planters or
other barriers. The tree types, minimum planter sizes and utilization
of perimeter tree placement shall be consistent with the County's
"Landscape Policy & Design Manual".
2.
Required Screening
Open
parking spaces/parking areas (such as gas stations, car lots,
etc.) shall be screened from view from 1) adjacent streets and
from 2) adjoining properties with different land uses to an eventual
minimum height of three (3) feet by the use of berms and/or plantings.
A minimum of two-thirds (2/3) of the affected street frontage
or property boundary - not counting intersecting driveways - must
have the required screen. Structures such as decorative walls
or fences may be approved through an Administrative Relief request
if the Director of the Development Services Department (or other
Development Services Department designee) finds that:
a.
The structures avoid a blank and monotonous appearance by such
measures as architectural articulation and the planting of vines,
shrubs or trees or
b.
The total use of berms and/or plantings is not physically
feasible, or
c.
The structures attractively compliment the use of
berms and/or plantings.
The
maximum spacing of plants to achieve an acceptable screen and
the maximum acceptable grades for screening areas - such as sodded
berms and plantings beds - shall be consistent with the County's
"Landscape Policy and Design Manual".
D.
REQUIRED BUFFER AND SCREEN AREAS
1.
Buffer Between Non-Residential and Residential Districts Separated
by a Non-Arterial Street
a.
Where Required: Such a buffer is required along
the street-side property line in any non-residential project
in any zone district where such a project is separated from
a residential district by a non-arterial street. Non-arterial
streets are those not designated as arterial streets or above
(in street classification) on the County's Functional Classification
Map. Public alleys are also considered non-arterial streets
for the purposes of this subsection.
b.
Design Standards: Such a buffer shall be a minimum
of fifteen (15) feet in depth. The minimum number of trees in
such a buffer shall be one (1) tree for every fifteen (15) feet
of the frontage length of the buffer. A minimum of one-third
(1/3) of the trees shall be evergreen trees; however, the clustering
of evergreens may not be advisable in areas where the winter
shade will cause unsafe conditions on an adjoining street. These
requirements may effectively increase the depth and number of
trees of the "minimum required landscaped setback"
(in Section B.1.a.3. and B.2.c.).
An
opaque structure with a minimum height of six (6) feet is required
along the inside edge (private property side) of the buffer
when the area beyond the fifteen (15) foot landscape buffer
is used for a service corridor, loading/ unloading, maneuvering
or storage area. If the area is used as a front yard and/or
parking area, a six (6) foot opaque structure would not be required.
If utilized for parking, the parking lot screening shall also
be applicable.
This
buffer area shall require a ground covering with a minimum of
seventy-five (75) percent in living plant materials.
2.
Buffer Between: (1) Adjacent Non-Residential and Residential
Projects, and (2) Adjacent Multifamily Residential and Single-
Family/Two-Family Residential Projects
a.
Where Required: Such a buffer is required in the following situations:
1)
Along the common property line in any non-residential project
in any zone district where such a project is adjacent to any
residential zone district.
2)
Along the property line in any multifamily project
where such a project is adjacent to a one-family or two-family
zone district.
b.
Design Standards: Such a buffer shall be a minimum of fifteen
(15) feet in depth. The minimum number of trees in such a buffer
shall be one (1) tree for every twenty-five (25) feet of the
length of the buffer. A minimum of one- third (1/3) of the trees
shall be evergreen trees.
An
opaque structure with a minimum height of six (6) feet is required
along the common property line; however, in instances where
the single/two-family residential property is abutting a required
landscape setback area other than this required fifteen (15)
foot strip, a six (6) foot opaque structure would not be required
along that portion of the "other" landscape setback
area. An example is found within the County's "Landscape
Policy & Design Manual".
This
type of buffer is not required to consist of a minimum percentage
in ground covering by living materials. However, that portion
of the buffer area in a ground covering by non-living materials
shall be covered with bark, wood chips, rock, stone, or other
landscape material.
E.
INTERNAL LANDSCAPING
1.
Requirements for multifamily projects in any zone district
a.
Minimum internal landscaping area: A minimum of
fifteen (15) percent of the site's net area (site's area excluding
adjacent public streets).
b.
Minimum number of trees in the internal landscaping
area: A minimum of one (1) tree for every five hundred (500)
square feet of the required minimum internal landscaping area.
2.
Requirements for non-residential projects in any zone district
a.
Minimum internal landscaping area: A minimum of
five (5) percent of the site's net area (site's area excluding
adjacent public streets).
b.
Minimum number of trees in the internal landscaping area: A
minimum of one (1) tree for every five hundred (500) square
feet of the required minimum internal landscaping area.
Up
to one-half (1/2) of the required trees may be substituted by
shrubs adjacent to retail store fronts where the view of wall
signs may be obstructed. Then (10) shrubs with a minimum container
size of five (5) gallons shall be provided for each tree that
is replaced.
3.
Standards for minimum internal landscaping area and
minimum number of trees:
a.
Location of the minimum area - To be credited toward
the minimum internal landscaping area requirement, a landscaping
area shall be located as follows:
1)
Adjacent to those building elevations which form
the major public views of the project from adjacent streets
and properties and to the users of the project, or
2)
Within a plaza or courtyard between buildings or portions
of buildings, (plaza/courtyard is to have at least one side
open), or
3)
In a space provided to separate building areas
from parking areas, or
4)
In a similar location which substantially conforms to the
purpose of the required internal landscaping area.
The
location of spaces credited toward the minimum internal land-scaping
area requirement shall be consistent with the policies in
the County's "Landscape Policy and Design Manual".
The
minimum internal landscaping area and its minimum number of
trees may not consist of spaces or trees which are proposed
to meet the minimum requirements of other landscape sections
- such as landscaped setbacks, buffers, or parking lot trees.
b.
Design Standards: The minimum required internal landscaping
area shall consist of a minimum of fifty (50) percent ground
coverage by live plant materials. This percentage provides flexibility
where plants and their irrigation should be limited next to
building foundations.
The
intent of the internal landscaping area is to provide relief
from structures and hard surfaces in a project through the use
of plantings. Therefore, sidewalks which provide basic pedestrian
circulation only shall not be credited toward the minimum internal
landscaping area require-ment. Paved plazas may be credited
to a maximum of fifty (50) percent of required internal landscaping
area if such plazas have trees which provide visual relief to
those building elevations which form the major public views
of the project.
To
provide for flexibility of design in the minimum internal landscaping
area, the developer may select the types of and the planting
spaces between the required trees. However, the trees shall
be selected from the tree types that are commonly known to grow
in the Colorado Springs area, listed in the County's "Landscape
Policy and Design Manual". The planting spacing should
allow for the growth characteristics of the trees without adversely
affecting the maintenance of structures, walks, or drives.
The
minimum planting sizes of trees shall comply with the specifications
provided in subsection F (1), Landscape Material Specifications.
F.
MINIMUM PLANT MATERIAL SIZES/PERCENTAGE OF LIVE MATERIAL
GROUND COVER
1.
Landscape Material Specifications
The
minimum planting/installation size and characteristics of plant
materials which are required by this Article shall be as follows:
a.
Deciduous shade trees - One and one-half (1½) inch
caliper measured six (6) inches above ground, balled and burlapped.
b.
Deciduous ornamental trees - One (1) inch caliper measured six
(6) inches above ground, balled and burlapped.
c.
Evergreen trees - six (6) feet in height above ground,
balled and burlapped, except Pinon Pine and Upright Junipers
which are to be a minimum four (4) feet in height above ground.
d.
Evergreen and deciduous shrubs - One (1) or five (5) gallon
size, depending on the spacing of the plants - (See the County's
"Landscape Policy and Design Manual").
e.
Ground cover and vines - Two and one-fourth (2¼)
inch flat-type container, one (1) gallon, or five (5) gallon
size, depending on the spacing of the plants (See County's "Landscape
Policy and Design Manual").
2.
Required Live Material Ground Cover
Unless
otherwise specified, any required landscape area - such as a "minimum
landscaped setback" - shall consist of a minimum of seventy-five
(75) percent in ground covering by living grass or other plant
materials. The minimum planting sizes and spacings of shrubs and
ground covers to meet a ground covering requirement shall be consistent
with the County's "Landscape Policy and Design Manual".
The foliage crown of trees shall not be used in the seventy-five
(75) percent or other required percentage calculation. The remaining
twenty-five (25) percent of the required landscape area may be
covered with bark, wood chips, rock, stone, or other landscape
materials.
G.
OTHER LANDSCAPE REQUIREMENTS
1.
Non-Street Boundary Trees
Adjacent
to any non-street (interior) property boundary of a zone district
a minimum of one (1) tree for every thirty (30) feet of non-street
(interior) boundary of the property. These trees do not need to
be located in a landscaped setback of a minimum size but shall
be protected from vehicular damage which may necessitate the use
of planters of sufficient size and design to accommodate the growth
of the trees. The planter specifications shall be consistent with
the County's "Landscape Policy and Design Manual".
2.
Miscellaneous Requirements
a.
Landscaping shall not conflict with the traffic visibility.
(Typically an area 25 feet x 25 feet is an acceptable sight
tri-angle to protect visibility.)
b.
The use of artificial trees, shrubs, vines, turf,
or other plants as an outside landscape material for purposes
of compliance with these landscape regulations is prohibited.
c.
The planting of any trees of the Ulmus genus (elm) for purposes
of com-pliance with these landscape regulations is prohibited.
d.
Box Elder (Acer negundo) and all trees of the Salix and Populus
genus - except Aspen (Populus Tremuloides) - shall not be planted
within twenty-five (25) feet of a street right-of-way.
e .
Clumps of trees such as Aspen, (Populus Tremuloides), where
used, are encouraged instead of single-trunk trees. However,
such a clump shall be credited as only one of the required trees.
f.
Landscaping shall not interfere with the general
function, safety or acceptability of any gas, electric, water,
sewer, telephone, or other utility easement or conflict with
criteria established or adopted by a fire department. Landscaping
shall be limited in the proximity of a fire hydrant in accordance
with applicable fire district criteria. In no instance shall
landscaping exceed eight (8) inches in height within three (3)
feet of a fire hydrant.
g.
Refuse collection areas, including trash bins, shall be screened
from view from adjacent properties and streets by the use of
a wall or fence of an opaque design or other architectural elements,
dense evergreen plantings with a minimum planting height of
four (4) feet, or berms with dense plantings creating an opaque
appearance with a minimum height of four (4) feet.
h.
Loading docks, vehicle repair bays, and vehicle
fueling areas shall be screened from view from adjacent streets
by the use of plantings, berms, walls, fences, or other architectural
elements.
i.
The existing indigenous vegetation on a site is
encouraged to be retained in a development project and may be
credited toward required landscaping in this section.
j.
Where a calculation of a requirement results in
a fractional number the applicable requirement shall be the
closest whole number (5.0 to 5.49 = 5; 5.5 to 5.9 = 6).
k.
The location and spacing of trees and plant materials
should allow for the growth characteristics of said items without
adversely affecting the maintenance of structures, walks, drives
or vehicular and pedestrian traffic.
l.
Where two different landscape requirements apply (for example,
a buffer and a landscaped setback), the greater requirements
shall be met.
m.
Landscaping necessary to fulfill one requirement
(i.e. setback tree) cannot be counted twice to fulfill a different
landscape requirement (i.e. internal landscaping tree).
n.
Landscaping is required between the property line and the curb
line. This area is to contain landscaping similar to the ground
plane treatment of the required landscape setback area.
o.
Landscaping in the right-of-way shall be approved by the El
Paso County Public Works Department State Highway Department,
or other road authority as applicable.
H.
TRANSMISSION TOWER, WATER STORAGE TANK, UTILITY FACILITIES
Site-specific
landscape plan required with applicable application for processing
by Development Services Department subject to:
1.
In rural and remote areas landscaping, screening and
erosion control measures shall be tailored to the nature and character
of the area and the type of facility/ structure contemplated.
At the time of submission of a request, a site specific plan consisting
of a preliminary landscape plan pursuant to subsection J. (or
in lieu, a detailed narrative outlining methods of landscaping
including types of plant materials) for landscaping shall be developed
which, at a minimum, shall consist of revegetation of any and
all disturbed areas with materials indigenous to the site or otherwise
adaptable. The site specific plan and implementation shall also
incorporate features to prevent erosion.
2.
In urbanized and developed areas, a site specific
landscape plan shall be required which is to address specific
issues as screening and visual impacts. At the time of submission
of a request the applicant shall submit a final landscape plan,
pursuant to sub-section I, and shall also address vertical screening
and/or visual impact mitigation. Incorporated into said plan shall
be measures for erosion control.
The
other provisions of the landscape regulations contained within
this Section 35.12 may also apply depending upon specific location
of the tower/utility facility.
I.
LANDSCAPE PLANS
1.
Preliminary Landscape Plan
A
preliminary landscape plan shall be required for all land use
applications that require the submission of a development plan.
The
preliminary landscaping plan may be incorporated within the development
plan or can be a separate element.
The
following information shall be included in a preliminary landscape
plan:
a.
North arrow.
b.
Indication of scale (for example, 1" = 20'
or a bar scale).
c.
Existing and proposed contours adequate to identify
and properly specify landscaping for areas needing slope protection,
as well as adequate to depict any screening of parking areas.
Such information may be on a sheet separate from the planting
plan.
d.
Location of existing and proposed structures, utilities
and easements on the property; location of vehicular circulation/
parking (can be conceptual); a description of all required structures
for screening purposes.
e.
The general location, type and size of major existing
plant materials with information as to which existing plant
materials are to be removed and which are to be retained or
relocated.
f.
The general location, and general type of proposed
plant and other landscape materials. This information shall
be sufficient to ensure that the various landscape requirements
can be met on the final landscape plan.
2.
Final Landscape Plan
A
final landscape plan shall be submitted and approved prior to
authorization for issuance of a building permit pursuant to subsection
A.
The
following information shall be included in a final landscape plan:
a.
North arrow.
b.
Indication of scale (for example, 1" = 20'
or a bar scale).
c.
Existing and proposed contours (for example, 2'
interval) adequate to identify and properly specify landscaping
for areas needing slope protection, as well as adequate to depict
any screening of parking areas. Such information may be on a
sheet separate from the planting plan.
d.
Project data information including the total square footage
of the property, the square footage of the building areas, parking
and other vehicular use areas, and landscape areas (including
required sub-areas such as internal landscaping areas); the
total number of open vehicular parking stalls; and the total
number of proposed dwelling units in a residential development
project.
e.
The existing/proposed zoning of the subject property
and the existing zoning on surrounding properties.
f.
The location of all structures, utilities, light
standards, retaining walls, fences, exterior parking and loading
areas, pedestrian walks or paths, pedestrian-oriented areas,
vehicular drives, storm water detention areas, and other manmade
elements. Detail drawings of all required structures for screening
purposes.
g.
Delineation of the corner visibility sight triangle areas (twenty-five
(25) feet by twenty-five (25) feet).
h.
The location, type and size of major existing plant
materials, including all trees, with information as to which
such ma-terials shall be removed and which shall be retained
or relocated.
i.
The location, type, size, quantity and planting
spacing (where applicable) of proposed plant and other landscape
materials. Such information shall be summarized in a legend,
in a similar manner as the example shown below:
|
Symbol
|
#
|
Botanical
Name
|
Common
Name
|
Planting
Size & Container
|
Comments
|
| HL |
6
|
Gleditsia
tri acanthos inermis "Sunburst" |
Sunburst
Honey locust |
2-2
1/2" caliper; balled and burlapped |
Guy
and stake |
| PP |
7
|
Picea
pungens |
Blue
Spruce |
6-8'
height; balled and burlapped |
Guy
and stake |
| BT |
10
|
Berberis
thunbergi Atropurpurea |
Red
Leaf Barberry |
3
1/2' width;
5 gallon container |
|
| AR |
500
|
Ajaga
reptans "Bergundy" |
Burgundy
Ajuga |
2
1/2" pot |
12"
o.c. |
| |
2000
sq.ft.
|
Blend
of Adelphi, Baron, and Sydspoirt varieties |
Kentucky
Bluegrass |
|
Sod |
| |
300
sq. ft.
|
|
River
Rock |
1
1/2 - 2" in size, 4" in depth |
Placed
over geo textile fabric |
NOTE
The botanical name and common name of plants may be replaced by
the specifi-ca-tion that the tree is one on an acceptable list in
the "Land-scape Policy and Design Manual" (for example,
"parking lot tree from list of ac-ceptable trees in Landscape
Policy and Design Manual").
j.
The planting size of all deciduous trees shown on
the plan shall be indicated in minimum inches of caliper, measured
six (6) inches above ground. The planting size of all evergreen
trees shall be indicated in minimum feet of height above ground.
The planting size for shrubs shall be indicated in the minimum
container size in inches or gallons, as appro-priate.
k.
All plant materials shall be shown on the plan at approximately
the mature size of the materials.
l.
All proposed lawn areas and ground cover areas shall
be identified, including the types and amounts of living plant
materials to be used and the size and depth of non-living materials.
The manner in which any lawn areas are to be established (for
example, by sodding or seeding) shall be indicated. The landscape
treatment of all adjacent right-of-way areas - as well as the
owner/ developer's property - shall be identified.
m.
Statement of the type of equipment and methods to
be used to irrigate or otherwise provide water to the required
landscape areas.
n.
Phasing, if applicable, shall be noted on the landscape
plan or provided as supplemental information. All future development
phases within a site shall have all disturbed soil surfaces
reseeded to prevent erosion.
J.
ENFORCEMENT/MAINTENANCE
1.
Enforcement/Assurances for Installation and Completion
Prior
to the issuance of a Certificate of Occupancy (CO) for any structure
where landscaping is required, except when a temporary CO is obtained
by providing acceptable assurance to the County guaranteeing the
completion of such land-scaping, all work as indicated on the
landscaping plan shall be inspected and approved by the Development
Services Department Zoning Inspector.
At
the time of inspection, the Development Services Department Zoning
Inspector shall check the quantities and locations of landscape
materials. At the time of such inspection, the completed landscaping
shall comply with the approved landscape plan and shall include
the quantities, locations, species and sizes of plants and other
landscape materials as represented on the approved landscape plan.
In the event that an inspection is not conducted by the Development
Services Department Zoning Inspector prior to the issuance of
a temporary CO because acceptable assurance has been provided
to the County guaranteeing the completion of such landscaping,
such inspection shall be done by the Development Services Department
Zoning Inspector subsequent to the installation of such landscaping
but prior to the release or expiration of the acceptable assurance.
A
landowner may obtain a temporary Certificate of Occupancy for
a structure prior to the completion of required landscaping work
if the completion is not possible due to seasonal or weather conditions
and if the landowner submits the necessary cost estimate prepared
by a qualified party and assurances to the County for the completion
of the landscaping - such as an irrevocable Letter of Credit,
certified check, Certificate of Deposit, or other acceptable assurance
- equal to the cost of the landscaping work . The cost estimate
shall be accompanied by a written assurance (Landscape Completion
Agreement) that such landscaping will be completed to the satisfaction
of the County Development Services Department within a specified
period of time not to exceed nine (9) months from the date of
occupancy.
2.
Maintenance
a.
The landowner is responsible for the maintenance
of the landscaping plan as originally approved by the Development
Services Department or as subsequently amended.
b.
The landowner is responsible for all regular and normal maintenance
of landscaping including weeding, irrigation, fertilizing, pruning
and mowing.
c.
Replacement of dead, diseased or substantially damaged
plant materials shall be of the same or similar type as set
forth in the landscape plan approved by the Development Services
Department. Replacement shall occur in the next planting season
but, in any event, such replacement shall be made in a time
period not exceeding one (1) year.
d.
Seeded landscape areas shall have no bare areas
larger than six (6) square inches after germination.
K.
ADMINISTRATIVE RELIEF
The
purpose of this subsection is to provide for flexibility in the
application of regulations by utilizing a simplified administrative
procedure when a standard is unduly restrictive or inappropriate
to a specific use or design proposal. Administrative relief may
be applied to any of the landscape criteria outlined within this
subsection.
1.
Application
A
written request for Administrative Relief shall be submitted in
conjunction with a development proposal such as a plot plan or
a building permit site plan. The written request shall include
a justification in terms of the findings necessary to grant Administrative
Relief. The written request shall close with a section for the
Development Services Department 's use to include a block for
the decision of approval/denial, notation of additional conditions/requirements,
the Development Services Department's representative's signature,
and decision date. The written request with decision shall be
attached to the plan or retained in the appropriate file, as applicable.
2.
Findings Necessary to Grant Administrative Relief
The
Development Services Department's representative must make all
of the following findings in order to grant Administrative Relief:
a.
The strict application of the regulation in question
is unreasonable given the development proposal or the measures
proposed by the applicant or that the property has extraordinary
or exceptional physical conditions that do not generally exist.
b.
The intent of this section and the specific regulation
in question is preserved.
c.
The granting of the Administrative Relief will not result in
an adverse impact on surrounding properties.
3.
Appeal of Administrative Relief Decision
Appeal
from a determination by the Development Services Department for
Administrative Relief shall be to the Board of Adjustment as provided
for by law.
These
landscaping regulations were initially adopted on May 26, 1988.
L.
Outside Storage Area Landscape Requirements
1.
A site-specific landscape/plot plan as specified in
Sections 35.12 I.2. and 37 B.1. shall be approved by the Development
Services Department in conjunction with outside storage areas.
The landscape/plot plan shall reflect:
a.
Any combination of berming, shrubs, trees, fencing or walls
which will provide (at maturity for plant materials) a minimum
six (6) foot height and one hundred percent (100%) opaque screening
effect for the area utilized for outside storage.
b.
Identification and location of all material and equipment on
site. No inoperable vehicles or equipment shall be stored.
2.
Landscaping in accordance with the approved landscape plan shall
be installed prior to any outside storage occurring on the site.
3.
All outside storage areas shall also comply with Section
35.5, 18. 1., Additional Development Requirements.
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