Chapter 19.163
LANDSCAPING, STREET TREES, FENCES AND WALLS
Sections:
19.163.020 Landscape conservation.
19.163.025 Existing landscaping.
19.163.010 Purpose.
The purpose of this chapter is to promote community health, safety and welfare by protecting natural vegetation, and setting development standards for landscaping, street trees, fences and walls. Together, these elements of the natural and built environment contribute to the visual quality, environmental health and character of the community. Trees provide climate control through shading during summer months and wind screening during winter. Trees and other plants can also buffer pedestrians from traffic. Walls, fences, trees and other landscape materials also provide vital screening and buffering between land uses. Landscaped areas help to control surface water drainage and can improve water quality, as compared to paved or built surfaces.
The chapter is organized into the following sections:
19.163.020, Landscape Conservation. This section prevents the indiscriminate removal of significant trees and other vegetation, including vegetation associated with streams, wetlands and other protected natural resource areas. This section cross-references Chapter 19.106 FMC, which regulates development of sensitive lands.
19.163.030, New Landscaping. This section sets standards for and requires landscaping of all development sites that require site design review. This section also requires buffering for parking and maneuvering areas, and between different land use districts. Note that other landscaping standards are provided in Article II of this title, Land Use Districts, for specific types of development.
19.163.040, Street Trees. This section sets standards for and requires planting of trees along all streets for shading, comfort and aesthetic purposes.
19.163.050, Fences and Walls. This section sets standards for new fences and walls, including maximum allowable height and materials, to promote security, personal safety, privacy, and aesthetics. (Ord. 3-2012 § 6; Ord. 6-2001 § 1)
19.163.020 Landscape conservation.
A. Applicability. All development sites containing significant vegetation, as defined below, shall comply with the standards of this section. The purpose of this section is to incorporate significant native vegetation into the landscapes of development and protect vegetation that is subject to requirements of the significant environmental concern and riparian buffer overlay zones, Chapter 19.106 FMC. The use of mature, native vegetation within developments is a preferred alternative to removal of vegetation and re-planting. Mature landscaping provides summer shade and wind breaks, and allows for water conservation due to larger plants having established root systems.
B. Significant Vegetation. “Significant vegetation” means:
1. Significant Trees and Shrubs. Individual trees and shrubs with a trunk diameter of six inches or greater, as measured four feet above the ground (DBH), and all plants within the drip line of such trees and shrubs, shall be protected.
2. Sensitive Lands. Trees and shrubs on sites that have been designated as “sensitive lands,” in accordance with Chapter 19.106 FMC, Natural Resource Regulations, and Chapter 19.105 FMC, Floodplain Overlay (e.g., due to slope, natural resource areas, wildlife habitat, etc.) shall be protected.
3. Exception. Protection shall not be required for plants listed as non-native, invasive plants by the Oregon State University Extension Service in the applicable OSU bulletins for Multnomah County.
C. Mapping and Protection Required. Significant vegetation shall be mapped as required by this code. Significant trees shall be mapped individually and identified by species and size (diameter at four feet above grade, or “DBH”). A “protection” area shall be defined around the edge of all branches (drip-line) of each tree (drip lines may overlap between trees). The city also may require an inventory, survey, or assessment prepared by a qualified professional when necessary to determine vegetation boundaries, building setbacks, and other protection or mitigation requirements.
D. Protection Standards. All of the following protection standards shall apply to significant vegetation areas:
1. Protection of Significant Trees. Significant trees identified as meeting the criteria in subsection (B)(1) of this section shall be retained whenever practicable. Preservation may become impracticable when it would prevent reasonable development of public streets, utilities, or land uses permitted by the applicable land use district.
2. Sensitive Lands. Sensitive lands shall be protected in conformance with the provisions of Chapters 19.105 and 19.106 FMC.
3. Conservation Easements and Dedications. When necessary to implement the Comprehensive Plan, the city may require dedication of land or recordation of a conservation easement to protect sensitive lands, including groves of significant trees. This will be addressed on a case by case basis. (Ord. 3-2012 § 6; Ord. 6-2001 § 1)
19.163.025 Existing landscaping.
A. Applicability. This section shall apply to all developments.
B. Construction. All areas of significant vegetation shall be protected prior to, during, and after construction. Grading and operation of vehicles and heavy equipment is prohibited within significant vegetation areas, except as approved by the city for installation of utilities or streets. Such approval shall only be granted after finding that there is no other reasonable alternative to avoid the protected area, and any required mitigation is provided in conformance with Chapter 19.105 FMC, Floodplain Overlay and Chapter 19.106 FMC, Natural Resource Regulations.
C. Exemptions. The protection standards in FMC 19.163.020(D) shall not apply in the following situations:
1. Dead, Diseased, and/or Hazardous Vegetation. Vegetation that is dead or diseased, or poses a hazard to personal safety, property or the health of other trees, may be removed. Prior to tree removal, the applicant shall provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection (C)(2) of this section.
2. Emergencies. Significant vegetation may be removed in the event of an emergency without land use approval when the vegetation poses an immediate threat to life or safety, as determined by the planning director. The planning director shall prepare a notice or letter of decision within 10 days of the tree(s) being removed. The decision letter or notice shall explain the nature of the emergency and be on file and available for public review at City Hall. (Ord. 3-2012 § 6; Ord. 6-2001 § 1)
19.163.030 New landscaping.
A. Applicability. This section shall apply to all developments requiring site design review, and other developments with required landscaping.
B. Landscaping Plan Required. A landscape plan is required at the time of design review or other pertinent applications. All landscape plans shall conform to the requirements in FMC 19.420.020 (E), Landscape plans.
C. Landscape Area Standards. The minimum percentage of required landscaping equals:
1. Residential districts: 20 percent of the site.
2. Town center commercial district: five percent of the site.
3. General industrial district: 10 percent of the site.
4. Light industrial district: 10 percent of the site.
5. Corridor commercial district: five percent of the site.
6. Neighborhood commercial district: 10 percent of the site.
D. Landscape Materials. This section provides guidelines that ensure significant vegetation growth and establishment using a variety of size specifications and coverage recommendations.
Landscape materials include trees, shrubs, ground cover plants, nonplant ground covers, and outdoor hardscape features, as described below:
1. Native Vegetation. Native vegetation shall be preserved or planted where practicable.
2. Plant Selection. A combination of deciduous and evergreen trees, shrubs and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions. As necessary, soils shall be amended to allow for healthy plant growth.
3. Non-native, invasive plants, as per FMC 19.164.020(B), shall be prohibited.
4. Hardscape features (i.e., patios, decks, plazas, etc.) may cover up to 15 percent of the required landscape area. Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.
5. Nonplant Ground Covers. Bark dust, chips, aggregate or other nonplant ground covers may be used, but shall cover no more than five percent of the area to be landscaped. “Coverage” is measured based on the size of plants at maturity or after five years of growth, whichever comes sooner.
6. Tree Size. Trees shall have a minimum caliper size of 1.5 inches or greater, or be six feet or taller, at time of planting.
7. Shrub Size. Shrubs shall be planted from one-gallon containers or larger.
8. Ground Cover Size. Ground cover plants shall be sized and spaced so that they grow together to cover a minimum of 80 percent of the underlying soil within three years.
9. Significant Vegetation. Significant vegetation preserved in accordance with FMC 19.163.020 may be credited toward meeting the minimum landscape area standards. Credit shall be granted on a per square foot basis. The street tree standards of FMC 19.163.040 may be waived when trees preserved within the front yard provide the same or better shading and visual quality as would otherwise be provided by street trees.
10. Stormwater Facilities. Stormwater facilities (e.g., detention/retention ponds and swales) shall be landscaped with water tolerant, native plants.
Figure 19.163.030 – Landscape Areas in a Multiple-Family Development (Typical)
E. Landscape Design Standards. The landscape design standards provide guidelines within setback areas, parking areas, etc.
All yards, parking lots and required street tree planter strips shall be landscaped in accordance with the provisions of this chapter. Landscaping shall be installed with development to provide erosion control, visual interest, buffering, privacy, open space and pathway identification, shading and wind buffering, based on the following standards:
1. Yard Setback Landscaping. Landscaping shall satisfy the following criteria:
a. Provide visual screening and privacy within side and rear yards; while leaving front yards and building entrances mostly visible for security purposes;
b. Use shrubs and trees as windbreaks, as appropriate;
c. Retain natural vegetation, as practicable;
d. Define pedestrian pathways and open space areas with landscape materials;
e. Provide focal points within a development, such as signature trees (i.e., large or unique trees), hedges and flowering plants;
f. Use trees to provide summer shading within common open space areas, and within front yards when street trees cannot be provided;
g. Use a combination of plants for year-long color and interest;
h. Use landscaping to screen outdoor storage and mechanical equipment areas, and to enhance graded areas such as berms, swales and detention/retention ponds.
2. Parking Areas. A minimum of five percent of the combined area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of an evenly distributed mix of shade trees with shrubs and/or ground cover plants. “Evenly distributed” means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per five parking spaces total shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 20 spaces shall include landscape islands with trees to break up the parking area into rows of not more than 12 contiguous parking spaces. All landscaped areas shall have minimum dimensions of four feet by four feet to ensure adequate soil, water, and space for healthy plant growth.
3. Buffering and Screening Required. Buffering and screening are required under the following conditions:
a. Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or maneuvering area is adjacent and parallel to a street or driveway, a decorative wall (masonry or similar quality material), arcade, trellis, evergreen hedge, or similar screen shall be established parallel to the street or driveway. The required wall or screening shall provide breaks, as necessary, to allow for access to the site and sidewalk by pedestrians via pathways. The design of the wall or screening shall also allow for visual surveillance of the site for security. Evergreen hedges used to comply with this standard shall be a minimum of 36 inches in height at maturity, and shall be of such species, number and spacing to provide the required screening within one year after planting. Any areas between the wall/hedge and the street/driveway line shall be landscaped with plants or other ground cover. All walls shall be maintained in good condition, or otherwise replaced by the owner.
b. Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering area, or driveway, is adjacent to a building, the area shall be separated from the building by a raised pathway, plaza, or landscaped buffer no less than four feet in width. Raised curbs, bollards, wheel stops, or other design features shall be used to protect buildings from being damaged by vehicles. When parking areas are located adjacent to residential ground-floor living space, a landscape buffer is required to fulfill this requirement.
c. Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, and Automobile-Oriented Uses. All mechanical equipment, outdoor storage and manufacturing, and service and delivery areas, shall be screened from view from all public streets and residential districts. Screening shall be provided by one or more of the following: decorative wall (i.e., masonry or similar quality material), evergreen hedge, non-see-through fence, or a similar feature that provides a non-see-through barrier. Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with Chapter 19.162 FMC, Access and Circulation. (Ord. 6-2001 § 1)
19.163.040 Street trees.
The guidelines provided in this section promote healthy street trees and adequate canopy cover to provide shade, reduce stormwater runoff, and improve the appearance of a development.
Street trees shall be planted for all developments that are subject to land division or site design review. Requirements for street tree planting strips are provided in Chapter 19.165 FMC, Public Facility Standards. Planting of unimproved streets shall be deferred until the construction of curbs and sidewalks. Street trees shall conform to the following standards and guidelines:
A. Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, ground cover material, staking, and temporary irrigation for two years after planting. The developer shall also be responsible for tree care (pruning, watering, fertilization, and replacement as necessary) during the first two years after planting.
B. Assurances. The city shall require the developer to provide a performance and maintenance bond in an amount determined by the city engineer, to ensure the planting of the tree(s) and care during the first two years after planting.
C. Growth Characteristics. Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection:
1. Provide a broad canopy where shade is desired.
2. Use low-growing trees for spaces under utility wires.
3. Select trees which can be “limbed-up” where vision clearance is a concern.
4. Use narrow or “columnar” trees where awnings or other building features limit growth, or where greater visibility is desired between buildings and the street.
5. Use species with similar growth characteristics on the same block for design continuity.
6. Avoid using trees that are susceptible to insect damage, and avoid using trees that produce excessive seeds or fruit.
7. Select trees that are well adapted to the environment, including soil, wind, sun exposure, and exhaust. Drought-resistant trees should be used in areas with sandy or rocky soil.
8. Select trees for their seasonal color, as desired.
9. Use deciduous trees for summer shade and winter sun.
D. Caliper Size. The minimum caliper size at planting shall be 1.5 inches, based on the American Association of Nurserymen Standards.
E. Spacing and Location. Street trees shall be planted within existing and proposed planting strips, and in sidewalk tree wells on streets without planting strips. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. In general, trees shall be spaced no more than 30 feet apart, except where planting a tree would conflict with existing trees, retaining walls, utilities and similar physical barriers.
F. Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged, and may be required when irrigation is not available. Irrigation shall be provided for plants that are not drought-tolerant. If the plantings fail to survive, the property owner shall replace them with an equivalent specimen (i.e., evergreen shrub replaces evergreen shrub, deciduous tree replaces deciduous tree, etc.). All other landscape features required by this code shall be maintained in good condition, or otherwise replaced by the owner.
G. Additional Requirements. Additional buffering and screening may be required for specific land uses, as identified by Article II of this title, and the city may require additional landscaping through the conditional use permit process. (Ord. 6-2001 § 1)
19.163.050 Fences and walls.
The fences and walls section provides height limits for construction of new walls. The guidelines prevent walls that reduce pedestrian connectivity and sight clearance. The standards also provide guidelines relating to maintenance.
The following standards shall apply to all fences and walls:
A. General Requirements. All fences and walls shall comply with the standards of this section. The city may require installation of walls and/or fences as a condition of development approval, in accordance with conditional use permits or site design review. Walls built for required landscape buffers shall comply with FMC 19.163.030.
B. Dimensions.
1. The maximum allowable height of fences and walls is six feet, as measured from the lowest grade at the base of the wall or fence, except that retaining walls and terraced walls may exceed six feet when permitted as part of a site development approval, or as necessary to construct streets and sidewalks. A building permit is required for walls exceeding six feet in height, in conformance with the Uniform Building Code.
2. The height of fences and walls within a front yard setback shall not exceed four feet (except decorative arbors, gates, etc.), as measured from the grade closest to the street right-of-way.
3. Walls and fences to be built for required buffers shall comply with FMC 19.163.030.
4. Fences and walls shall comply with the vision clearance standards of FMC 19.162.020.
C. Maintenance. For safety and for compliance with the purpose of this chapter, walls and fences required as a condition of development approval shall be maintained in good condition, or otherwise replaced by the owner.
D. Fences – Recreational Courts. Any recreational court, with the consent of the planning commission, may be enclosed by a wire fence not to exceed 12 feet in height; provided, that no part of the court fence is within 20 feet of any street.
E. Swimming Pool Fences. A swimming pool, or other manmade outside body of water, which has a minimum depth of three and one-half feet shall be enclosed with a fence not less than four feet and not more than six feet in height. The fence shall not have any opening, holes or gaps therein larger than six inches square, except for doors or gates. The fence gates shall be equipped with a self-closing, self-catching device. The dwelling unit and/or accessory building can be used as part of the enclosure.
F. Barbed Wire Fencing. Barbed wire fencing may be permitted for property zoned commercial or industrial when the wire is employed on the top of any other type of fencing, and when the barbed wire is a minimum of six feet above the finished ground surface. Standard barbed wire fencing may be used to enclose property which is zoned agricultural.
G. Electrically Charged or Sharp Pointed Fencing. No electrically charged or sharp pointed fencing (other than barbed wire fencing) shall be constructed or maintained within the city limits except that electrically charged fencing may be permitted when the following standards are met:
1. Allowed only in general industrial, light industrial and agricultural holding zoning districts.
2. The electric fence shall not exceed 10 feet in height and shall be completely surrounded by a nonelectric fence or wall a minimum of six feet in height.
3. A minimum one-foot separation shall be maintained between the electric fence and surrounding nonelectric fence or wall, except at gates/entrances.
4. The fence shall be clearly posted with warning signs that include the statement, “Danger – Electric Fence,” or an equivalent, together with a pictorial warning, at an interval of not more than 30 feet.
5. An approved method to manually disconnect electrical power to all portions of the fence and/or gates shall be provided and approved by the fire chief.
6. All necessary permits shall be obtained prior to installation from the city of Fairview.
H. Critical Facility Security Fences. Notwithstanding subsections (B)(2), (F), and (G) of this section, a facility that is located in any zoning district which is deemed a critical facility for the public health and safety, emergency management or homeland security purposes may include installation of fencing as follows:
1. A facility subject to this provision includes but is not limited to water or sewer pump station, well, public works yard, emergency management and other communications facilities, public safety facilities, flood control structures, public and private utility installations, or water tower or other facility deemed to be a similar use under Chapter 19.480 FMC.
2. Security fencing may not exceed six feet in height surrounding all or a portion of the facility, except that barbed wire, razor wire or other similar measure designed to impede access may be added to the top of a fence not less than six feet in height.
3. The vertical dimension of security measures such as barbed wire located along the top of a fence shall not exceed 18 inches.
4. The combined height of a fence and additional security measures may not exceed seven and one-half feet in height. (Ord. 12-2015 § 2 (Exh. A), 2015; Ord. 5-2011 § 1; Ord. 6-2001 § 1)