Chapter 17.93
LANDSCAPING
Sections:
17.93.020 General site landscaping.
17.93.030 Parking lot landscaping.
17.93.040 Screening requirements.
17.93.050 Existing site vegetation.
17.93.070 Performance assurance/bonding.
17.93.080 Minor modification of requirements.
17.93.100 Verification of code compliance.
17.93.110 Additions to existing buildings and change of use or remodel/renovation.
17.93.010 Purpose and intent.
Landscaping is necessary to provide a well-balanced, aesthetically pleasing environment for the residents of Mount Vernon. Specifically, these requirements are intended to accomplish the following:
A. Maintain and enhance property values;
B. Enhance the appearance of the development;
C. Implement tree and landscaping plans and programs adopted by the city;
D. Provide adequate buffers between differing land uses;
E. Improve the character and appearance of the city;
F. Reduce erosion and stormwater runoff;
G. To provide shade, reduce noise and glare, and establish a healthier environment;
H. To provide transitions between various land uses;
I. To increase privacy and protection from visual or physical intrusion; and
J. To break up expanses of parking areas or other impervious surfaces. (Ord. 3429 § 155, 2008).
17.93.020 General site landscaping.
The following general standards will be required in all districts where landscaping is mandatory:
A. Landscaped areas shall include use of evergreen or deciduous trees and shrubs, perennial or annual flowers, gravel, river rock, driftwood, bark, rockeries, lawn, ornamental or decorative walkways (provided both sides abut landscaping), or a combination of such materials. A recommended approved list of plant materials shall be available at the office of the community and economic development director. It is strongly suggested that this list be utilized because of the unique soils, geology, and weather patterns of Mount Vernon. If this list is not used, the applicant must have a landscape architect, an arborist, or other similarly qualified professional document that the plant materials that have been chosen are suitable.
B. A plot plan drawn to scale shall be submitted to the community and economic development director showing the size of the property; location of buildings, driveways, loading docks, above-ground utilities, and outside storage areas; location of landscaping areas; and type, quantity, and size of plantings. Minimum tree size shall be two-inch caliper for deciduous trees and seven feet in height for evergreen trees and shall be full and bushy, minimum shrub size shall be two-gallon, and minimum ground cover size shall be one-gallon or equivalents; see the most recent copy of the American National Standards Institute’s American Standard for Nursery Stock for size standards.
C. No artificial lawn or shrubbery will be permitted in landscaped areas.
D. Planting areas along street frontages will be mandatory except for driveways and pedestrian walks within the property. Trees shall be planted at a maximum of 30 feet apart in such planting areas, with shrubs installed to attain coverage of at least 60 percent of the landscape area within two years. Ground covers shall also be installed to cover no less than 40 percent of the area not covered by the trees or shrubs. Variations in the planting of trees may be approved by the community and economic development director.
1. Trees utilized in these planting areas need to be compact to minimize conflict with underground and overhead utilities. Trees to be utilized shall be from the recommended approved list of plant materials or an approved equivalent.
2. The planting strip shall be a minimum of 15 feet wide in the R-2, R-3, and R-4 zoning districts. The planting strip may be reduced to a minimum of 10 feet in the P, H-D, R-O and P-O, LC, C-2, C-3, C-4, and C-L zoning districts and to a minimum of five feet in the M-1 and M-2 zoning districts. Averaging shall be encouraged to promote variation of design.
3. Trees shall not be planted closer than one foot from any permanent hard surface paving or walkway.
E. Where landscaping areas are required along street frontages, no shrubs shall be higher than 36 inches and no tree shall have branches or foliage below five feet or placed within the sight triangle.
F. Landscaping in the vicinity of any fire hydrant, fire department sprinkler connection, or standpipe connection should not prevent such equipment from being immediately discernible nor in any other manner deter or hinder the fire department from gaining immediate access to said equipment. The following shall act as a guideline for the landscaping around said equipment, with final approval from the city fire marshal:
1. Fire Hydrants.
a. Fire hydrants shall be free from obstruction on all sides by a minimum clearance of three feet.
b. Fire hydrants along streets, driveways, parking lots, fire access routes (fire lanes), or at intersections shall be visible for at least 100 feet in all directions along such streets, driveways, access routes, or intersections. No plants or shrubs with a height of over 18 inches and no tree with branches or foliage below five feet shall be allowed in this sight visibility area.
2. Sprinkler and Standpipe Connections.
a. Fire department connections for sprinklers and standpipes shall be free from obstructions on all sides by a minimum clearance of three feet.
b. When a fire department connection is over 25 feet from a street, driveway, parking lot or fire access route, there shall be maintained a clear path with minimum width of three feet between the fire department connection and the street, driveway, parking lot or fire access route.
G. Landscaping will be installed in conformance with the following requirements. The percentage of each site to be landscaped is to be regarded as a minimum. In the event that, because of lot configuration, adjacent land uses or special circumstances, more landscaping is required to meet all requirements of this code, the higher amount of required landscaping will be installed.
1. Soil. Soil shall be prepared for landscape installation according to landscape industry standards, of proven applicability to local conditions, to be conducive to the healthy growth of new plants.
a. Topsoil, original to the site and if suitable for planting areas, may be stored during site construction for reuse during the landscape installation phase.
b. Topsoil shall be rich in organic material or amended to be so.
c. In residential development projects where rear yard setbacks between a rear fence and primary structure are not landscaped by the developer, soil in those areas must consist of topsoil viable for plant growth and be in suitable condition for landscaping prior to occupancy.
d. Construction debris must be removed and not buried on site.
2. Drainage. All landscape areas shall have adequate drainage, either through natural percolation or by means of an installed drainage system.
|
Zoning Classification |
Percent of Gross Site Area to Be Landscaped |
|---|---|
|
R-2, R-3, R-4, MHP |
20% |
|
P, H-D, R-O, P-O |
15% |
|
LC, C-2, C-3, C-4, C-L |
10% |
|
M-1, M-2 |
7% |
|
F-1, Planned unit developments |
To be determined by city council |
H. The site area that the landscaping percentages above are calculated from is defined as the entire legal lot that is being developed minus all critical areas and their associated buffers.
I. Development in the C-1 zone shall be responsible for installing or replacing street trees in the right-of-way abutting a parcel/lot when new structures are built, improvements to a building are made that exceed 50 percent of the assessed value of the building, or when a change of use occurs. The city shall specify the type of street tree to be installed as well as installation requirements.
J. Use of Right-of-Way. In addition to the planting strips required in subsection D of this section, landscaping of excess (unused) street right-of-way is encouraged. Where a street is at its ultimate width, excess right-of-way is defined as the area between the property line and the sidewalk, whether existing or not. The community and economic development director may allow on-site street frontage landscaping requirements to be met by landscaping placed in the unimproved portions of rights-of-way not utilized for public purposes. The landscaping so placed within the excess right-of-way or when combined with landscape improvements on site must be equal to or in excess of the required on-site street frontage landscaping requirement. The applicant must demonstrate that the placement of landscaping in such a manner meets other standards of this section. All landscaping materials proposed to be installed in the right-of-way shall be reviewed to ensure that traffic safety considerations are met. Irrigation or sprinkling systems for watering landscaped areas in the right-of-way shall be encouraged if the project site has fewer than 20 required parking spaces but shall be required if 20 or more spaces are required. Maintenance of landscaping in the right-of-way shall be the responsibility of the owner of the landscaping; provided, however, that nothing in this section shall create or imply any interest of the landscaper and/or property owner in the excess right-of-way; and provided further, that in the event the city shall undertake to utilize the excess right-of-way, any landscaping shall be removed by the landscaper and/or property owner at their sole expense, or if not so removed may be destroyed by the city.
K. Irrigation. Irrigation or sprinkling systems for watering landscaped areas are strongly encouraged. If irrigation or sprinkling systems are not installed, the applicant shall demonstrate that all of the landscaping that will be installed is drought-tolerant.
L. Installation of landscaping materials shall take into consideration access to utility vaults, pedestals, and other public and private utility facilities.
M. Planting required within critical area buffers cannot count towards the overall amount of landscaping required on a site. (Ord. 3749 § 11, 2018).
17.93.030 Parking lot landscaping.
A. Purpose. The purpose of parking lot landscape development is to soften the visual effect created by large expanses of barren asphalt.
B. Required Area. Planting areas in new parking areas, but not for structured parking, with 20 or more spaces or in upgraded or improved parking areas with 20 or more spaces shall constitute at least four percent of the parking area in the following zoning districts: LC, C-2, C-3, C-4, C-L, M-1 and M-2. In all other developments except for single-family districts, 10 percent of the parking area shall be landscaped. Such amounts of landscaping may be included in the overall amount of landscaping required in MVMC 17.93.020. The parking area of which the four percent is calculated from is defined as all of the parking stalls and the drivelane areas created to access the parking stalls.
C. Minimum Width and Length. Planting areas shall have a minimum average width of 10 feet (measured inside the curb) and shall be the same length as the parking stall or column.
D. Location of Plantings. All planting areas shall be located between parking stalls or the end of parking columns.
E. Tree Requirements. A minimum of one tree shall be required for each 150 square feet, or fraction thereof, of required landscape areas. Deciduous trees shall have a clear trunk of at least five feet above the ground, and the remaining area shall be landscaped with shrubs and/or ground covers.
F. Any trees, shrubs, or plants which are susceptible to damage or injury by pedestrian or motor traffic shall be protected by appropriate curbs, tree guards or other protective devices.
G. Landscape Plant Materials. Parking lot landscape areas shall comply with MVMC 17.93.020 for plant materials. (Ord. 3429 § 157, 2008).
17.93.040 Screening requirements.
In order to reduce the incompatible characteristics of abutting properties with different land use classifications or uses, the following standards shall apply. The community and economic development director may also require these standards to buffer incompatible uses even if the land use classification is the same; and may waive these requirements if the actual development on abutting properties is similar in nature, i.e., two abutting commercial developments, thus not requiring screening. This type of landscaping will be installed in planting strips on the interior property lines according to the following schedule. These requirements shall be in addition to other requirements of this chapter, therefore the amount of overall landscaping may exceed the minimum stated in MVMC 17.93.020.
A. Type I screening is intended to create a visual separation between incompatible uses. Minimum width shall be 10 feet; however, a reduction may be approved by the community and economic development director with the concurrence of the adjacent property owner. Type I screening requirements are as follows: Landscaping shall be made up of evergreen trees planted at a maximum of 15 feet on center. Use of deciduous trees is also encouraged to add seasonal and textural variation. Up to 25 percent of required evergreen trees may be deciduous trees instead. Medium-sized shrubs (three to five feet maturity height) and ground cover plants shall be added at a density to form an effective barrier to cover 85 percent of the ground surfacing and horizontal separation within two years. Type I landscaping shall incorporate the use of either earth-berming or a six-foot-high (reduced in the front yard setback area) sight-screening fence. If the earth-berming alternative is chosen, medium-sized shrubs shall be spaced at a maximum of four and one-half feet on center. If the fence option is selected, maximum spacing shall be six feet on center. Type I screening is required when the following land use districts abut:
|
1. District in Which Development Is Proposed |
District to Be Screened |
|---|---|
|
R-2, R-3, R-4, MHP, P, R-O, P-O, HD |
All “R” zones, including MHP |
2. Mobile home parks (MHP land use districts) shall have Type I landscaping installed around the perimeter of the development in the required open space buffer, which shall not be less than 20 feet in width.
3. Churches, community clubhouses and other conditional uses in the R-1 district shall install Type I screening 10 feet in width on any interior property line.
B. Type II landscaping is intended to provide a solid sight barrier to totally separate incompatible uses. Minimum width shall be 10 feet; however, a reduction may be approved by the community and economic development director with the concurrence of the adjacent property owner. Type II screening requirements are as follows: Landscaping shall consist of a double row of evergreen trees (with rows offset) planted at a minimum spacing of 15 feet triangulated on center, earth-berming at a minimum height of two and one-half feet, along with a ground cover to provide 85 percent surface coverage within two years. As an alternative to earth-berming, a six-foot-high sight-screening fence may be incorporated into the landscaping. Type II screening is required when the following land use districts abut:
|
1. District in Which Development Is Proposed |
District to Be Screened |
|---|---|
|
LC, C-1, C-2, C-3, C-4, C-L, M-1, M-2 |
All “R” zones, including MHP |
C. For stormwater ponds with 5:1 side slopes or steeper, the outside of the pond shall have a six-foot tall black powder coated chain link fence installed with no less than a seven-foot wide landscape strip installed on the development side of the fence consisting of a mix of two-inch caliper deciduous trees and five-foot evergreen trees 15 feet on center with minimum five-gallon shrubs and two-gallon ground cover installed. The shrubs and ground cover shall be installed at a density that will fill 85 percent of the seven-foot wide landscaping strip within two years. (Ord. 3429 § 158, 2008).
17.93.050 Existing site vegetation.
A. General. Applicants are encouraged to retain significant existing vegetation on the subject property. Significant existing vegetation shall denote deciduous and evergreen trees at least six inches in diameter at a point five feet above the ground or greater.
B. Bonus for Retention. For each significant tree as defined in subsection A of this section, the applicant may measure the canopy of the tree and receive a bonus of 150 percent of the square footage of the canopy; provided, that the drip line of the tree is undisturbed or other approved methods are utilized to ensure proper irrigation. The retention bonus shall apply to meeting the requirements outlined in MVMC 17.93.020.
C. Required Review. The city will review the proposed retention of significant existing vegetation as part of the application for development. Any bonus for retention shall be approved only after on-site inspection by an arborist or other qualified landscape professional that the city will retain and the applicant will pay for. (Ord. 3327 § 11, 2006).
17.93.060 Maintenance.
A. All required landscaping and screening areas shall be maintained in a healthy, growing condition. Broken, dead or dying trees, shrubs or plants shall be replaced upon notification by the city. All landscaping and screening areas shall be maintained reasonably free of weeds and trash. Any property owner who fails to reasonably maintain and replace landscaping and screening areas will be considered to have committed an offense under this code.
B. A maintenance bond, cash deposit, or other assurance acceptable to the city, equal to 60 percent of the estimated cost of the required landscaping improvements plus the cost of their maintenance for two years, shall be submitted to the city prior to acceptance of a project by the city; i.e., if a plat is proposed the deposit shall be submitted prior to final plat approval, if a building permit is necessary the deposit shall be submitted prior to the issuance of the building permit, and if a commercial development is proposed the deposit shall be submitted prior to final occupancy. The maintenance deposit shall be required for all projects except the community and economic development director can individually exempt projects for the construction of a single-family home; in addition, the community and economic development director can waive the deposit on a case-by-case basis if it can be shown that the deposit would not be necessary. The deposit shall be in place for two years and if at the end of two years the required landscaping is not meeting code, for example, if it is not installed, the installed landscaping is not meeting its minimum coverage requirements, or if the landscaping is dead or dying, the city may use the deposit to rectify the identified landscaping deficiency. (Ord. 3429 § 159, 2008).
17.93.070 Performance assurance/bonding.
In the event that landscaping improvements cannot be installed prior to formal certificate of occupancy for commercial projects or prior to the finaling of a building permit for residential projects or prior to final plat approval for platting projects, a cash deposit, bond, or other assurance acceptable to the city equal to 150 percent of the estimated construction costs, to meet minimum code compliance, shall be required. Such deposit shall be accompanied by a letter which shall stipulate completion of all landscape development no later than six months after issuance of the certificate of occupancy or date of final approval, whichever is later. The applicant shall submit a landscaping plan meeting the requirements of this chapter and a cost estimate of the landscaping that includes all of the associated installation costs to the community and economic development department for review and approval prior to obtaining the financial deposit. If these conditions are not met, the city may use the deposit to install the landscaping. (Ord. 3429 § 160, 2008).
17.93.080 Minor modification of requirements.
A. The community and economic development director in consultation with the parks and recreation director can administratively approve modifications from the requirements of this chapter as outlined in this section.
B. The community and economic development and parks and recreation directors, together, can consider the merits of each modification request. Following are the maximum reductions and modifications that can be approved through this section:
1. No more than a 25 percent reduction in the overall amount of landscaping required on a site.
2. No more than a 25 percent reduction in the width or length of the required landscaping strips.
3. Modification of the type or location of landscaping installed.
C. A condition of approval of a modification of the amount of or width or length of the landscaping requirements in this section shall be that the proponent/owner/developer will pay an in-lieu fee based on the square footage reduced. The fee will be established by the community and economic development and parks and recreation directors and the fee will be updated as necessary to reflect actual costs. All in-lieu fees received will be assigned to a separate city fund to be used for landscaping rights-of-way or other beautification projects designed to promote the purpose of this chapter.
D. Before a modification can be approved, the applicant shall demonstrate the following to the satisfaction of the community and economic development director:
1. That the modification is necessary because of special circumstances relating to the size, shape, topography, use, location or surroundings of the subject property.
2. For modifications of the type or location of landscaping installed, the applicant shall demonstrate that the modification provides for a superior landscape design as determined by the community and economic development director.
E. Appeals. The actions of the community and economic development director will be final unless appealed. Notification of an appeal must be made within five working days by letter to the community and economic development director and must be accompanied by a fee in the amount set forth in Chapter 14.15 MVMC. The appeal will be heard at the next regularly scheduled meeting of the hearing examiner.
F. An applicant shall be required to utilize the requirements of this section before a variance application can be considered. If an applicant requires relief from the landscaping code over what this section allows, a variance can be considered; however, as part of any variance request, the in-lieu fees shall be required, as outlined in this section. (Ord. 3429 § 161, 2008).
17.93.090 Payment in lieu of landscaping.
Repealed by Ord. 3315. (Ord. 2916 § 9, 1998; Ord. 2352, 1989).
17.93.100 Verification of code compliance.
The community and economic development director may employ the services of qualified professionals, i.e., arborists or landscape architects, to review and/or provide inspection services to the city for landscaping plans and projects where landscape buffers are required, where landscaping within the public right-of-way will occur, for all planned unit developments (PUDs), or for projects where the director deems this review/inspection is necessary due to unusual circumstances, such as, possible utility conflicts with proposed landscaping or when the survivability of existing mature vegetation is in question. When this review is deemed necessary by the community and economic development director the applicant shall pay all costs associated with said review. (Ord. 3327 § 15, 2006).
17.93.110 Additions to existing buildings and change of use or remodel/ renovation.
Whenever any addition to an existing building is proposed, the percentage of the expansion of the existing square footage under roof shall equal the percentage of the landscape square footage requirements of this chapter. Whenever any change of use or substantial upgrade or remodel/renovation of an existing use is proposed, the landscaping shall be upgraded to meet the requirements of this chapter. Variation in upgrading requirements may be approved by the community and economic development director, providing the intent of this chapter is met. (Ord. 3327 § 16, 2006. Formerly 17.93.100).