Chapter 18.18 LANDSCAPING REGULATIONS

Chapter 18.18
LANDSCAPING REGULATIONS¹

Sections:

18.18.010 Title.

18.18.020 Purpose.

18.18.030 Landscaping required – Applicability.

18.18.035 Review process and fees.

18.18.040 Definitions.

18.18.050 General requirements.

18.18.060 Landscape plan – Submittal requirements.

18.18.070 Landscape plan – General requirements.

18.18.075 Plant size, height, and spacing requirements.

18.18.080 Landscape types – Abutting uses.

18.18.090 Landscaping – Open areas, utility tracts and other remaining land.

18.18.100 Landscaping standards – Single-family development.

18.18.110 Landscaping standards – Multifamily, commercial and industrial development.

18.18.120 Landscaping standards – Parks, recreation, and public open space in the POSPF zone.

18.18.125 Landscaping standards – Streets and public rights-of-way.

18.18.130 Transitional landscape area.

18.18.140 Landscaping standards – Parking lots.

18.18.150 Maintenance of plant materials.

18.18.160 Performance assurance.

18.18.170 Modifications to standards.

18.18.175 Fences.

18.18.180 Enforcement.

18.18.010 Title.

The ordinance codified in this chapter shall be known as the landscape ordinance and may be cited as such. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 1, 1989).

18.18.020 Purpose.

The purpose of this chapter is to provide regulations that will:

A. Maintain and protect property values;

B. Create sustainable and well-designed landscaping which will improve the overall quality of the city and enhance a project's visual appearance;

C. Promote and preserve the city’s natural character;

D. Provide a buffer between incompatible land uses, along arterials and collector roads and in visually sensitive areas;

E. Screen objectionable uses such as parking lots, storage areas, utility boxes, garbage/service areas, etc. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 2, 1989).

18.18.030 Landscaping required – Applicability.

A landscape plan is required and shall be submitted to the city with all land use applications and/or for a building permit for the following:

A. Residential short plats and subdivisions with respect to public right-of-way, public or private open space, buffers and utility tracts;

B. Industrial uses, commercial uses, binding site plans, multifamily, and condominiums under the provision of NBMC Title 17, planned neighborhood development (PND), site plans, clearing and grading permits and building permits under the provisions of NBMC Title 15, for development, other than single family, on lands designated as LDR, HDR, NB, DC, IC, IMU, EP-I, EP-2, and POSPF, in accordance with NBMC Title 18;

C. Additions, expansions, or alterations that result in the exterior modification of existing building, structure, parking lot or site layout, so long as the existing building foundation, parking lot, and/or site layout not being modified does not physically preclude compliance with the landscape requirements of this chapter. Minor additions, expansions or alterations that do not trigger the need for additional parking are exempt;

D. Change of Use. When a residential structure is changed into a commercial or industrial structure, excluding a home occupation use, landscaping shall be provided for the commercial or industrial use as required by this chapter; and

E. Clearing and grading permits as applicable per Chapter 19.10 NBMC. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 3, 1989).

18.18.035 Review process and fees.

Landscaping plans shall be reviewed and approved before land use permit, construction permit, or business license approval. Procedures shall be as follows:

A. Landscaping associated with clearing or grading permit, construction permit, or business license review shall be reviewed according to the procedures for clearing and grading permits, building permits, and business licenses as Type I administrative applications per Chapter 20.01 NBMC.

B. A conceptual landscaping plan shall be required with a segregation of property under NBMC Title 17 and a PND or conceptual site plan under this title. The conceptual landscaping plan shall be reviewed as a Type II application according to the provisions for review of the land use permit approval per Chapter 20.01 NBMC.

C. The fee for landscaping plan reviews shall be as established by city schedule and collected at the time of the underlying Type I or Type II application review fee. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006).

18.18.040 Definitions.

For the purposes of this chapter, the words set out in this chapter shall have the following meanings:

A. “Assurance device” is a mechanism approved by the city whereby the city has recourse to identifiable assets of the applicant in order to assure compliance with the provisions of this chapter.

B. “City center” means the area in downtown North Bend bounded by the South Fork Snoqualmie River on the west and south, East Second Street on the north, and East Park Street on the east.

C. “Compatible use” means a use or zoning district identical or similar to the use or zoning district on the site which is subject to the provisions of this chapter.

D. “Fence” is a barrier, including supporting posts, enclosing or separating a field, yard or other real property. This definition includes solid and open fences. A fence may be constructed of wood, masonry or any other material. For purposes of this chapter, plant material is not considered a fence.

E. “Final plat” is a map or chart of a subdivision of land which has been accurately surveyed, and such survey marked on the ground so that the streets, alleys, blocks, lots, and other divisions thereof can be identified, and which has been approved in accordance with Chapter 17.16 NBMC and other applicable ordinances of the city as to zoning and landscaping.

F. “Living groundcover” is low growing plant materials intended to provide groundcover around and between trees and shrubs or to cover open areas of ground.

G. “Major street” means a secondary arterial or arterial street.

H. “Minor street” means any street that is not a collector or arterial street.

I. “Parking lot” is an area designed for the parking of motor vehicles including entrance ways, parking aisles, driveways and loading areas.

J. “Planting area” is a physically accessible area of the project site that has been, or is required to be, improved through the installation and maintenance of plant materials.

K. “Significant tree” is a healthy evergreen tree six inches in diameter or greater, measured four feet above existing grade, and a healthy deciduous tree eight inches in diameter or greater measured four feet above existing grade. The director may authorize the exclusion of any tree which for reasons of health, site development or undesirable species is not desirable to retain. The director may also approve the retention of a group of smaller trees as a substitute for one or more significant trees.

L. “Transition area” is the point, usually along a property line, where a low intensity use abuts a higher intensity use. For the purposes of this chapter, a “transition area” does not include zoning districts separated by public or private streets.

M. “Transitional landscape area,” as identified in the North Bend Comprehensive Plan as Figure 1-5, includes specific locations along I-90 and North Bend Way within North Bend and the UGA which require appropriate landscape transitions to help foster the existing small town character of North Bend, buffer incompatible uses, sustain the city’s natural assets for continued economic prosperity and quality of life and support the regional efforts along the Interstate 90 (I-90) corridor, a Designated National Scenic Byway which gets international tourism promotion from the Federal Scenic Byways Program. North Bend is considered the “Gateway to the Puget Sound” from westbound I-90, therefore careful consideration should be taken with regard to landscaping and buffering intensive uses near and adjacent to the I-90 corridor in order to support the goals of the National Scenic Byway designation along the scenic I-90 corridor. Where a TLA affects more than 20 percent of the total gross area of any parcel, the TLA may be reduced such that not more than 20 percent of the total gross area of the parcel is affected by the TLA, subject to performance standards found in NBMC 18.10.050. Regional trail linkages are allowed within the TLA. The TLA applies to new commercial or industrial development applications, residential building permits, short plats, subdivisions and multifamily site plans, binding site plans and/or clearing and grading permits associated with said applications. The TLA shall be measured from the edge of the applicable right-of-way and should either be placed in a tract to be dedicated to the applicable owners’ association, placed within an easement for transitional landscape area purposes or, subject to city approval, dedicated to the city for TLA and trail purposes.

N. “Unacceptable plant materials” means plant materials which do not meet the standards of the American Association of Nurserymen as set forth in “American Association of Nurserymen.” A list of unacceptable plant materials is available from the city. The planning director may authorize the inclusion of any species which for reasons of site development, buffering, screening, landscaping or aesthetic value is desirable to include.

O. “Unimproved lot” means a site that has not been built upon, paved, licensed or otherwise modified in a way that would preclude implementation of any aspect of this chapter.

P. “Vehicular use area” includes the parking lot, driveways and service areas. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1165 § 4, 2002; Ord. 1020 (part), 1997: Ord. 801 § 4, 1989).

18.18.050 General requirements.

A. Landscaping of properties owned by the city shall set an example for quality and attractiveness.

B. In the city center, where existing structures and smaller lots limit available land area, development of plazas, streetscape elements or other amenities shall be allowed in lieu of the minimum standards set forth in this chapter.

C. Trees and other vegetation whose roots tend to cause problems with water and sewer lines, foundations, streets, sidewalks, or other facilities shall not be permitted within required landscaped areas adjacent to streets, sidewalks, and utility easements. A list of unacceptable plant materials is available from the city.

D. The provisions of this chapter shall not result in obstructions to the minimum building setbacks permitted in a zoning district where a building is placed. Where building placement does not preclude the installation of landscaping the provisions of this chapter shall be implemented. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1165 § 5, 2002: Ord. 1020 (part), 1997: Ord. 801 § 5, 1989).

18.18.060 Landscape plan – Submittal requirements.

The landscape plan shall contain at least the following information:

A. Three sets of the landscape plan drawings to scale of one inch equals 50 feet or larger (e.g., one inch equals 30 feet, one inch equals 20 feet). The plan shall include a bar scale for reference;

B. Name and address or location of the project;

C. A vicinity map;

D. North arrow and date of the plan;

E. Property boundaries, easements, rights-of-way, streets, walks, paths, vehicular drives, parking lots, existing and proposed structures, building entrances, freestanding lights and signs, service or loading areas, open spaces, plaza and recreational amenities;

F. Existing and proposed contours (minimum five-foot intervals), elevations and critical spot elevations;

G. Location, size, and species of existing significant trees as defined in this chapter within required landscape areas;

H. Any proposed or existing physical elements (such as fencing, walls, benches) that may affect the overall landscape;

I. Parking layout, including circulations, driveway location, parking stalls and curbing;

J. Dimensioned landscaped areas;

K. The location and type of irrigation systems, the source of the water should be noted;

L. Plant legend listing botanical and common names;

M. Significant vegetation to remain and to be removed;

N. The location of all existing and proposed underground utilities, electrical and communication facilities; and

O. All open space areas, steep slopes, streams, wetlands, floodways, wellhead protection areas along with any associated buffer areas as designated by the critical area ordinance. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1237 § 16 (part), 2005: Ord. 1020 (part), 1997: Ord. 801 § 6 (A), 1989).

18.18.070 Landscape plan – General requirements.

A. Landscape plans shall enhance building designs, attractively screen parked vehicles and unsightly areas, and provide for adequate visibility at street intersections and driveway entrances.

B. Landscape plans shall incorporate pedestrian and bicycle trails in conformance with the comprehensive plan for pedestrian and/or bicycle circulation adopted by the city.

C. Where streams, wetlands, steep slopes or their buffers, or other critical areas affect a proposed development, the landscape plan shall be coordinated with measures for their protection and enhancement required by the critical area ordinance.

D. At least 50 percent of the required landscape plants, other than street trees, shall be comprised of native vegetation and at least 70 percent of required landscape plantings shall be comprised of drought-tolerant species.

E. Landscape plans for new dwelling units in the LDR shall be limited to the measures necessary to ensure compliance with subsection C of this section and NBMC 18.18.100.

F. All landscaped areas shall be graded to prevent erosion and to facilitate the installation, growth and maintenance of the landscaping. Berms or mounds should be no steeper than 3(H):1(V), unless otherwise approved by the city for screen purposes. All turf areas located in public rights-of-way shall have a grade no greater than 3:1.

G. Retaining walls shall not exceed six feet in height if they are adjacent to sensitive areas, public and/or private rights-of-way, parks, open space areas, buffers, or utility tracts.

H. Trees and very large shrubs should be located with consideration to underground and overhead utility lines or public improvements. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 6 (B), 1989).

18.18.075 Plant size, height, and spacing requirements.

The following standards apply to all landscaping required by this chapter:

A. Minimum sizes at installation shall be as follows:

1. Street trees: two-inch caliper;

2. Deciduous trees: eight-foot minimum height;

3. Evergreen trees: six-foot minimum height;

4. Shrubs: two-foot minimum height.

B. Maximum Size. Species approved within a landscape plan shall have a growth pattern in scale with the development and be consistent with the preservation of significant trees. (Ord. 1305 § 1, Exh. A (part), 2008).

18.18.080 Landscape types – Abutting uses.

The following landscape types shall be required on lot lines for all abutting compatible uses and abutting uses in transition areas as specified in Table 1 at the end of this chapter:

A. Type 1: Sight Barrier.

1. Purpose. To provide a very dense sight barrier between land uses and zoning districts.

2. Description.

a. Trees. At least 75 percent evergreen trees spaced no more than 15 feet on center. Deciduous trees shall be spaced no more than 20 feet on center. The number of required trees shall equal the length of the planting area divided by 15 and shall be staggered to mimic natural growth patterns, not planted in a row.

b. Shrubs. Evergreen shrubs in an area at least five feet wide. The number of shrubs shall equal the length of the planting area divided by 3.5.

c. Groundcover. Living groundcover planted so that the ground will be covered within two years of planting.

d. Irrigation. Automatic underground irrigation systems shall be installed to promote plant growth and maintenance of planting areas. When native drought-tolerant landscaping is proposed, temporary irrigation for plant establishment, of not less than two years, may be installed as approved by the city.

B. Type 2: Visual Separation.

1. Purpose. To create a visual separation between abutting land uses and zoning districts.

2. Description.

a. Trees. Up to 30 percent deciduous trees, spaced no more than 20 feet on center. Evergreen trees shall be spaced no more than 15 feet on center. The number of required trees shall equal the length of the landscaped area divided by 20 and shall be staggered to mimic natural growth patterns, not planted in a row.

b. Shrubs. Evergreen shrubs and other plant material planted so that the ground will be covered within three years. The number of shrubs shall equal the length of the landscaped area divided by four.

c. Groundcover. Living groundcover planted so that the ground will be covered within two years of planting. Sod shall be the required groundcover along street frontages.

C. Type 3: Visual Buffer.

1. Purpose. Provide a visual separation of uses from streets and a visual separation of compatible uses to soften the appearance of street, parking areas and building facades.

2. Description.

a. Trees. A combination of evergreen trees and deciduous trees. At least 70 percent deciduous trees, spaced no more than 20 feet on center. Evergreen trees shall be spaced no more than 15 feet on center. The number of required trees shall equal the length of the landscaped area divided by 50 and shall be staggered to mimic natural growth patterns (not planted in a row).

b. Shrubs. A mix of evergreen and deciduous shrubs. The number of shrubs shall equal the length of the landscaped area divided by five.

c. Groundcover. Living groundcover planted so that the ground will be covered within three years of planting.

D. Type 4: Landscape Buffer to Agricultural.

1. Purpose. To provide a landscape buffer between designated agricultural lands as identified on the North Bend Comprehensive Plan Map 7-1, “North Bend UGA Designated Agricultural Land,” and abutting incompatible uses and zoning districts.

2. Description.

a. Minimum width of 150 feet to include a minimum width of 20 feet of Type 1 sight barrier landscaping.

b. Includes rights-of-way.

c. Create a visual screen by using Type 2 (visual separation) landscaping as a buffer with a minimum width of 20 feet aligned to the adjacent property.

d. Permits several uses within the landscaped buffer area to include: screens, berms, parking, and access routes, fences, utilities, storm ponds, and nonoccupied accessory structures.

3. Occupied structures (residential, commercial, and industrial) or sites are a nonconforming use. NBMC 18.30.040 applies for repairs or restoration of nonconforming use if damaged. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1167 § 2, 2002; Ord. 1020 (part), 1997: Ord. 801 § 6 (C), 1989).

18.18.090 Landscaping – Open areas, utility tracts and other remaining land.

Open areas, utility tracts and other land left void of structures and/or improvements, within a development, shall be planted per NBMC 18.18.080(C), Type 3, or as otherwise approved by the city. Sod, seeded grass or other living groundcover may be incorporated into these landscape areas, as approved by the city. These areas shall be bladed to remove rocks and debris prior to planting. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 6 (D), 1989).

18.18.100 Landscaping standards – Single-family development.

A. The following standards apply to short subdivisions, subdivisions, or condominiums under the provisions of NBMC Title 17, or PNDs under the provisions of this title, on land designated as LDR in accordance with this title.

1. Street Trees. See NBMC 18.18.125, Landscaping standards – Streets and public rights-of-way, and Table 2, Approved Street Tree Varieties, at the end of this chapter.

2. Front Yards. The building lot shall be bladed prior to planting to remove rocks and debris. At a minimum, the front yard of all new lots and any side yard abutting a street shall be sodded or seeded with grass or otherwise landscaped and shall include a minimum of one deciduous tree. Front yard landscaping shall be installed prior to final inspection unless otherwise provided in NBMC 18.18.170.

3. Landscape plans for LDR and cottage housing development shall incorporate common open space or park areas as required and shall be integrated with trails and recreation facilities suitable for the benefit of the project’s anticipated residents.

B. The following standards apply to building permits for lots or other residential building sites, on land designated as LDR and CR in accordance with this title. The building lot shall be bladed prior to planting to remove rocks and debris. The front yard and any side yard abutting a street shall be sodded or seeded with grass, include a minimum of one deciduous tree and established by the builder prior to final occupancy unless otherwise provided in NBMC 18.18.170. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 6 (E), 1989).

18.18.110 Landscaping standards – Multifamily, commercial and industrial development.

A. The landscape standards in NBMC 18.18.070, 18.18.075, 18.18.080 and Table 1 at the end of this chapter shall apply to building permits, under the provisions of NBMC Title 15, for development on lands designated as HDR, NB, DC, IC, EP-1, and EP-2 in accordance with this title.

B. Underground automatic sprinkler systems shall be required for all multifamily, commercial and industrial projects.

C. Landscape plans for multifamily, commercial and industrial development shall incorporate common open space or park areas as required with trails, interior courtyards and recreation facilities suitable for the benefit of the project’s anticipated residents.

D. Foundation Planting.

1. For all multifamily buildings, foundation plantings shall be provided to soften the overall impact and scale of the buildings. Foundation plantings shall be provided around each individual building, at the base of the building.

2. For all office and industrial buildings, in the EP-1 and EP-2 zones, an average depth of 15 feet from the face of the building shall be provided around the building; provided, that pedestrian facilities, such as sidewalks, may be located within this 15 feet and shall count as landscaping and provided further that building loading areas shall not be subject to this requirement. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 6 (F), 1989).

18.18.120 Landscaping standards – Parks, recreation, and public open space in the POSPF zone.

The landscape standards for parks, recreation and public open space areas in the POSPF zone shall be established by the master plan approved by the park commission pursuant to Table 18.10.050(4.00). (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 6 (G), 1989).

18.18.125 Landscaping standards – Streets and public rights-of-way.

Street trees and planter strips in or along the public right-of-way shall be placed in accordance with the following:

A. The planter strip shall be planted with either turf or low growing shrubs and groundcover. Groundcover shall be from four-inch pots spaced 18 to 20 inches on center or one-gallon pots spaced 24 to 36 inches on center. Low-growth shrubs may also be used in planter strips as design accents, provided adequate site distance is provided at intersections and driveways and a pathway is provided from the curb to the sidewalk or each residential lot where on-street parking is allowed. Sustainable low-impact groundcover and/or other vegetation are encouraged over sod to support water conservation. Alternative options for ground vegetation, to be approved by the city, may be utilized to support best available practices for stormwater treatment.

B. Street Trees.

1. Street tree species shall be chosen from Table 2, Approved Street Tree Varieties, at the end of this chapter, and/or proposed species shall be reviewed and approved if not on the list and shall be evenly spaced within planter strips in accordance with the spacing requirements contained in said table.

2. Shall be included in all landscape strips and sidewalk design.

3. The minimum street tree size shall be two-inch minimum caliper measured six inches above the root flare and conform to the most recent ANSI 260.1 American Standard for Nursery Stock.

4. The first branch of the tree shall be a minimum of five feet above the ground except where the tree location does not present an obstruction to pedestrians, passing vehicles, or sightlines.

5. Once planted water immediately and thoroughly, twice per week during the first month, then once per week through the remainder of the dry season. Water a minimum of once per month during the second summer season.

C. Cul-de-Sac. Street trees shall be planted within cul-de-sacs according to the spacing requirements specified in Appendix I. To provide adequate planting area where space is limited due to driveway cuts through the planter strip, the following strategies shall be used separately or in combination:

1. Shared driveways between lots;

2. Narrow driveway cut to single garage width of 10 feet;

3. Reduce driveway wing wall width, as approved by the public works director.

D. New or replacement street trees within the downtown core shall be Musashino, Zelkova Serrata Musashino. (Ord. 1305 § 1, Exh. A (part), 2008).

18.18.130 Transitional landscape area.

The transitional landscape area as identified in the North Bend Comprehensive Plan as Figure 1-5, includes specific locations along I‑90 and North Bend Way within North Bend and the UGA which require appropriate landscape transitions to help foster the existing small town character of North Bend, buffer incompatible land uses, sustain the city’s natural assets for continued economic prosperity and quality of life and support the regional efforts along the Interstate 90 (I-90) corridor, a Designated National Scenic Byway which gets international tourism promotion from the Federal Scenic Byways Program. North Bend is considered the “Gateway to the Puget Sound” from westbound I-90, therefore careful consideration should be taken with regard to landscaping and buffering intensive uses near and adjacent to the I-90 corridor in order to support the goals and vision of the National Scenic Byway designation along the scenic I-90 corridor. Where a TLA affects more than 20 percent of the total gross area of any parcel, the TLA may be reduced such that not more than 20 percent of the total gross area of the parcel is affected by the TLA, subject to performance standards found in NBMC 18.10.050. Regional trail linkages are allowed within the TLA. The TLA shall be measured from the edge of the applicable right-of-way and should either be placed in a tract to be dedicated to the applicable owners’ association, placed within an easement for transitional landscape area purposes or subject to city approval, dedicated to the city for TLA and trail purposes. Landscape requirements for along I-90, key arterials, and collector streets shall be as shown on Figure 1‑5 of the North Bend Comprehensive Plan and as described in writing below:

A. Twenty-foot Type 2 landscaping, as described in NBMC 18.18.080, shall be provided in the following areas:

1. Along Ribary Way for properties zoned IMU.

B. Forty-foot Type 2 landscaping, as described in NBMC 18.18.080, shall be provided in the areas listed in subsections (B)(1) through (4) of this section. A potential 20-foot TLA reduction may be allowed when on-site vehicular use area landscaping is increased to 10 percent for parking lots of 10 to 30 stalls and 12 percent for parking lots of 31 or more stalls.

1. Along SE 140th Street for the properties zoned EP-1 and EP-2.

2. Along West North Bend Way for properties zoned EP-1.

3. Along East North Bend Way for properties zoned EP-2.

4. Along I-90 for properties zoned EP‑1.

C. Fifty-foot Type 2 landscaping, as described in NBMC 18.18.080, shall be provided in the following areas:

1. Along East North Bend Way on properties zoned cottage residential and parks, open space and public facilities. Public safety facilities and flood hazard mitigation facilities may be allowed within the TLA as necessary to provide adequate service or mitigation.

D. Sixty-foot Type 1 landscaping, as described in NBMC 18.18.080, shall be provided in the following areas:

1. Along I-90 for properties zoned HDR. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 6 (H), 1989).

18.18.140 Landscaping standards – Parking lots.

Landscaping requirements for parking lots shall be those shown in Table 3 at the end of this chapter. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 6 (I), 1989).

18.18.150 Maintenance of plant materials.

A. Replacement. The property owner shall replace any unhealthy or dead plant materials in conformance with the approved landscape plan and shall maintain all plant material.

B. Maintenance Assurance. The director shall require a maintenance assurance device for a period of one year from the completion and approval of the planting in order to ensure compliance with this section. The amount of the maintenance assurance device shall be 20 percent of the cost of plant materials plus installation. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1237 § 16 (part), 2005: Ord. 1020 (part), 1997: Ord. 801 § 7, 1989).

18.18.160 Performance assurance.

The required landscaping must be installed prior to issuance of the final plat approval, issuance of a certificate of occupancy, or issuance of any other final permit necessary to approve land development or construction; provided, however, that the director in his or her sole discretion may accept a bond, letter of credit, or other performance assurance device to ensure installation of all required landscaping by such later date as determined by the director. Any such performance assurance device shall be in a form acceptable to the director and in an amount determined by the director of not less than 150 percent of the cost of all required plant materials and installation. In no case shall such performance security device be in an amount less than $1,500. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1237 § 16 (part), 2005: Ord. 1020 (part), 1997: Ord. 801 § 8, 1989).

18.18.170 Modifications to standards.

A. Request. An applicant may request a modification of the landscaping requirements set forth in NBMC 18.18.060 through 18.18.140; provided, that modifications shall not allow disturbance of protected or environmentally sensitive critical areas and that street frontage landscaping shall be maintained.

B. Review. The planning director may approve modifications to the standards set forth in NBMC 18.18.060 through 18.18.140 if the proposed landscaping is superior to that which could be achieved by strict compliance with those standards.

C. Findings. In approving modifications to the standards set forth in NBMC 18.18.060 through 18.18.140, the planning director shall prepare written findings that the proposed modification is justified based on one of the following:

1. The modifications retain significant trees equal in number to what would otherwise be required; or

2. The modifications retain existing vegetation in consolidated locations promoting the natural vegetated character of the site; or

3. The modifications better accommodate or improve the existing physical conditions of the subject property; or

4. The modifications incorporate elements to provide for wind protection, or maintain solar access or incorporate best available low impact or sustainable landscaping techniques. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 9, 1989).

18.18.175 Fences.

Fences shall be constructed and maintained in conformance with Table 18.18.175. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1214 § 2 (part), 2004; Ord. 1020 (part), 1997; Ord. 711 § 1, 1986: Ord. 450 § 3, 1977: Ord. 336 § 4.04, 1970).

18.18.180 Enforcement.

All provisions, conditions or requirements of the landscape plan shall be legally enforceable against the owner, and any person acquiring a lease or other ownership interest in the property subject to the landscape plan. (Ord. 1305 § 1, Exh. A (part), 2008: Ord. 1256 § 1 (part), 2006: Ord. 1020 (part), 1997: Ord. 801 § 10, 1989).

Table 1Required Landscaping for Interior Lot Lines and Transition Areas
Subject Property by Zone	Abutting a Right-of-Way or Adjacent Private/Public Parking Lot	Abutting Single-Family	Abutting Multifamily	Abutting Business Commercial	Abutting Industrial	Abutting Parks and Open Space
Nonresidential Uses in Single-Family Zones	10' Type 3	10' Type 3	10' Type 1	10' Type 2	10' Type 2	20' Type 2
Multifamily	10' Type 3	20' Type 2	10' Type 3	10' Type 1	10' Type 1	10' Type 2
Commercial	10' Type 3; 5' when abutting an alley or adjacent private/public parking lot	30' Type 1	20' Type 1	NA	10' Type 2	20' Type 2
Industrial/Utility Park	15' Type 1	30' Type 1	20' Type 1	15' Type 1	15' Type 1	20' Type 1

Notes and Comments:

1. Required planting width is measured from the property line.

2. The transitional landscape area (TLA) shall govern as designated by Figure 1-5, North Bend Comprehensive Plan Area.

3. Landscaping width can be reduced to minimum building setback where building precluded installation per NBMC 18.18.050(D).

Table 2Approved Street Tree Varieties
Street Tree Name		Scientific Name	Size	Spacing	Root Barrier Required	Narrow or Spread Habitat	Min. Planter Width
SMALL STREET TREES – suitable under power lines.			Up to 30'	25'		Spread	4'
Flowering Crabapples
a.	Prairie Maid Crabapple	a. Malus ‘Prairie Maid’
b.	Golden Raindrops Crabapple	b. Malus transitoria ‘Schmidtcutleaf’
c.	Sugar Thyme Crabapple	c. Malus ‘Sutysam’
d.	Everest Crabapple	d. Malus ‘Everest’
e.	Others considered upon performance review
Flowering Cherries
a.	Kwanzan Oriental Cherry	a. Prunus serrulata ‘Kwanzan’			Yes
b.	Shiro-fugen Flowering Cherry	b. Prunus serrulata ‘Shiro-fugan’			Yes
c.	Cascade Snow Cherry	c. Prunus ‘Berry’			Yes
Hornbeams
a.	American Hornbeam	a. Carpinus caroliniana
b.	Japanese Hornbeam	b. Carpinus japonica
Other Assorted Varieties
a.	Lavalle Hawthorn with vase shape	a. Crataegus x lavallei
b.	Globe Ash	b. Faxinus excelsior ‘Globosa’
SMALL STREET TREES – suitable under utility lines.			Up to 30'	25'	No	Narrow	4'
Assorted Varieties
a.	Red Cascade Mountain Ash	a. Sorbus Americana ‘Dwarfcrown’
b.	Adirondack Crabapple	b. Malus ‘Adirondack’
c.	Summer Sprite Linden	c. Tilia cordata ‘Halka’
d.	Marilee Flowering Crab	d. Malus ‘Jarmin’
MEDIUM STREET TREES (Spreading)			Up to 45'	30'	Root barrier req. in a planter strip less than 5' wide unless noted.	Spread	5'
Flowering Pears
a.	Aristocrat Callery Pear	a. Pyrus calleryana ‘Aristocrat’
b.	Redspire Flowering Pear	b. Pyrus calleryana ‘Redspire’
Maples
a.	Red Maple: Morgan, Northwood, October Glory, Red Sunset, Autumn Flame, Autumn Spire, Brandywine, Burgundy Belle	a. Acer rubrum