Full question:
30 years ago, I planted a Austrian Pine tree about 6 feet from my south property line. The tree when planted was probably 10 years old because it was already 8 feet tall. That tree NOW is about 40 feet high and about 40 feet in diameter and 40 years old. Some of the branches have crossed the property line by about 12 to 13 feet on the bottom parts. I discussed the issue of planting so close with my original neighbor at that time because of my concern with future growth (he has since died). He said to go ahead and plant it, because he had no plans to plant any trees on his side of the property line, and my tree would eventually provide him with shade. A second owner moved into the next door property and lived there for 20 years. We had no problems with the tree's placement. Now, the grandson of the second owner has taken over the property. For 5 years he let the property run down. The City of Thornton, CO code enforcement was called by SOMEBODY, but it wasn't me. He, however, "thinks it was me" and has even expressed such, even though I've explained I have never called code enforcement on anybody in my entire life. As a result, he now is demanding and threatening to file a lawsuit that I prune back the southern limbs to the property line. This would leave about 5 foot stubs for all of the southern limbs, and therefore no needles on the south side of the tree. Keep in mind, this is a PINE tree, and doing such a thing would kill the tree and also leave a 40 foot tall tree top heavy, and an ideal candidate for toppling over, causing a safety problem. My only choice in this case would be to completely remove the tree. As part of his experience with code enforcement, he planted in a 10 foot square area 2 tall "growing" spruce trees, and 3 Aspen trees. (part of this 10 ft area is under the limbs of my tree). His trees are all UNDER 3 feet tall. This is obviously going to cause future crowding of his own trees. As part of his argument, he is now claiming that my tree has caused 2 of his Aspen trees to die. Reason --- my tree has shaded his Aspens even though the 2 spruce trees less than 2 feet from the dead Asens are doing just fine. I have pictures that show that most of the shade on his trees comes from his very own house and stockade fense to his back yard. Further, Aspen trees don't do very well in the climate and altitude of the Denver metropolitan area --- they are good mountain trees. Before I take out a 40 year old tree that appears to be healthy, I need to know MY rights about this issue. 1) Do I have the right to not do anything at all and not suffer any consequences? 2) What is the likelyhood of a court order that forces me to "prune or take out" this tree. 3) Is there anything such as "grandfathering" that applies to this situation --- This tree is actually older than the new "neighbor" himself.
- Category: Trees
- Date:
- State: Colorado
Answer:
The following is from the Thornton, CO City Code:
DIVISION 2. TRIMMING AND REMOVAL
Sec. 46-101. Violations and penalties.
Any person who shall violate any of the provisions of this article shall, upon conviction, be punished as provided in Section 1-8(a).
(Code 1975, § 63-5; Ord. No. 596, 4-8-74; Ord. No. 1043, 6-22-81; Ord. No. 2323, § 6, 6-13-94)
Sec. 46-102. City Forester; powers and duties.
The Parks, Buildings and Recreation Director shall appoint the City Forester. The City Forester shall have such duties and responsibilities as assigned by the Parks, Buildings and Recreation Director. The City Forester shall also have the authority to order the removal of any trees or plants upon public or private property when the City Forester determines such action is necessary to prevent the spread of disease or insects, and to protect the public health and safety based upon standards established by theInternational Society of Arboriculture. It is declared to be a public nuisance for an owner to maintain a tree or plant in a condition that presents a threat to the public health and safety.
(Code 1975, § 63-1; Ord. No. 596, 4-8-74; Ord. No. 1043, 6-22-81; Ord. No. 2323, § 1, 6-13-94)
DIVISION 9. LANDSCAPING*
__________*Editor's note: Ordinance No. 2765, §§ 2, 3, adopted May 13, 2003, amended § 18-491, repealed and reenacted §§ 18-492--18-498 and added a new § 18-499. Formerly, such sections pertained to similar provisions. See Code Comparative Table for history of amendments to these sections.
Cross references: Trees and plants, § 46-76 et seq.
Sec. 18-491. Purpose.
The purpose of this article is to provide for minimum uniform requirements and criteria for the development, cultivation and maintenance of landscaping within the City in recognition that:
(1) Landscaping can improve the livability of residential neighborhoods and enhance the appearance and customer draw of commercial areas and streetscapes, increase property values, improve the compatibility of adjacent land uses, screen undesirable views, and contribute to the image and appeal of the overall community;
(2) Landscape design that is consistent with the climatic and soil conditions of this region will be the most successful and sustainable;
(3) In order to enable the City to provide an adequate supply of water to its water customers and those users under the City system, the City must conserve and protect its water resources;
(4) Protecting the public from situations in which landscaping, if not properly situated, can obscure the vision of motorists or interfere with official traffic control devices and the orderly movement of traffic;
(5) A reasonable balance between the rights of individuals to develop and maintain their property in a manner they prefer and the right of community residents to live, work, shop, and recreate in pleasant and attractive surroundings contributes to the general welfare;
(6) Landscaping contributes to the overall quality of the natural environment upon which humans are dependent;
(7) The City considers irrigation ditches and the trees and wildlife they support to be community assets that should be preserved to enhance the City's sense of place; and
(8) Standards and Specifications describe how specific landscape portions of public projects shall be designed, installed, cultivated and maintained.
(Ord. No. 2765, § 2, 5-13-03)
Sec. 18-492. General provisions.
(a) Principles. Water-wise landscaping is required on all development, private or public, in recognition of our semi-arid climate and limited amount of water available for outdoor uses. This approach to landscaping shall be done by incorporating water-wise landscape principles into Development Permit landscape requirements.
(1) Water-wise landscape principles include:
a. Promoting the use of low water-demand turf and plants and a balance of landscape materials.
b. Promoting practical turf areas by limiting the use of high water-demand turf and plants to areas of high visibility or functional needs.
c. Grouping plants with similar water and environmental requirements together on the same irrigation zone.
d. Use of efficient irrigation systems.
e. Use of soil amendments and mulches, generally organic and biodegradable.
(b) No restrictions. No person, organization, or association may create or impose restrictive covenants, conditions, restrictions, deed clauses or other agreements between the parties that prevent the use of water-wise landscaping.
(c) Existing plant material. Existing plant material in good health shall be saved and incorporated into development of a property with priority given to preserving significant plant material that provides screening, buffering, wildlife habitat and/or linkages to wildlife habitat. Plant material classified as noxious weeds is exempt from this requirement.
(1) Prior to approval of any Subdivision Plat or Development Permit, the applicant shall inventory and graphically depict, by species, all existing deciduous trees over two inches in caliper, all existing evergreen trees six feet in height or taller, and all shrub masses over 100 square feet ("inventoried plant material"). Plant materials on the property may be removed only after a mitigation plan has been approved by the City.
(2) Inventoried plant material removed in the process of developing a property shall require the installation of new trees and shrubs in sufficient number and size to equal the plant material removed. Deciduous trees over two inches in caliper shall be replaced caliper inch for caliper inch. Evergreen trees over six feet tall shall be replaced foot for foot in height removed. Shrub masses shall be matched by one tree equivalent per 100 square feet shrub mass or fraction thereof in width removed. All such replacement trees and shrubs shall be in addition to those tree equivalents required by other provisions of this chapter.
(3) Existing plant material in good health that meets the size requirements in (1) above and that is incorporated into the development of the property shall be credited toward required landscaping at 100 percent of the size of the existing tree or shrub mass. For example, an existing 16-inch caliper deciduous tree equals eight two-inch caliper required deciduous trees; an existing 24-foot-high evergreen tree equals four six-foot-high required evergreen trees; an existing 200 square feet shrub mass equals two required tree equivalents or 40 No. 5 container size required shrubs.
(4) Existing plant material to be preserved on a property shall be protected during construction work.
(5) Notwithstanding the credit given for trees saved in the development of the property, the City shall require additional landscaping to be provided in order to meet the design requirements for landscaping of, or adjacent to, street rights-of-way, for buffering and screening areas of a particular property from adjacent uses, and for landscaping parks, detention areas and drainage channels.
(d) Design and installation. All public and private landscaped areas designated for landscape, excluding side yards screened from public view and private rear yards of single-family dwellings, shall be designed, installed and cultivated following the requirements of this Code, including but not limited to:
(1) Groupings of plants rather than single plantings are encouraged. Species selection shall reflect a mix of canopy, understory, ground cover and turf that are hydrozone compatible.
(2) Hydrozones shall be identified and labeled on the landscape plan by average amount of water applied (ultra-low, low, moderate, high) and by method of application (drip, bubbler, spray, etc.).
(3) The landscape areas shall have an appropriately designed irrigation system that provides efficient irrigation coverage to sustain the landscape plant materials unless specifically modified under the provisions of this Section 18-492(f).
a. A conceptual irrigation plan shall graphically and through appropriate notes depict a water-efficient design consistent with the landscape and grading plans. This water-wise plan shall be submitted and approved as part of the Development Permit process.
b. The irrigation plan shall account for slopes, microclimates, and environmental factors so as to prevent runoff, minimize evaporation and promote infiltration.
c. The water-demand of proposed hydrozones shall be tabulated to determine a total in annual gallons per square foot for the overall site landscape area.
d. Temporary irrigation systems are required to re-establish areas of limited disturbance in natural areas and shall be approved on a site-by-site basis through the Development Permit process.
(4) The existing soil shall be amended with a minimum four cubic yards organic amendment at an applied rate per 1,000 square feet, disked or tilled into the soil to a depth of not less than six inches.
(5) Each plant shall be shown on the landscape plan spaced within the range of mature size as indicated in Standards and Specifications plant lists.
(6) Excluding the area required to be landscaped at new single-family dwellings on individual lots, when the landscaping is not completed prior to the issuance of a Certificate of Occupancy, the City shall require the Developer to provide an irrevocable letter of credit or cash surety equal to one and one-half times the estimated cost of all incomplete landscaping, as determined by a landscape architect, commercial landscape nursery or commercial landscape contractor, and deemed reasonable by the Development Engineering Manager.
a. An irrevocable letter of credit or cash surety shall be accepted for incomplete landscaping under one or more of the following criteria:
1. Periods of adverse weather;
2. Conflicts between construction scheduling and proper planting seasons; or
3. For other similar reasons approved by the Development Engineering Manager.
b. When the irrevocable letter of credit or cash surety is submitted, temporary access shall be granted to the City for completion of the landscaping as necessary.
c. A schedule shall be provided for the completion of the landscaping acceptable to the Development Engineering Manager, but in no event longer than 12 months from the date of occupancy.
d. If the installation is not completed within twelve months or another agreed upon specified time period, the irrevocable letter of credit or cash surety may be used by the City to complete the landscape installation.
e. Upon completion of the installation by the City, any portion of the security deposit remaining shall be returned to the applicant, after payment of:
1. The cost of the installation, and
2. The City's total personnel, administrative, legal, and other costs.
(e) No intrusion. Landscaping required or installed in rights-of-way and other public and pedestrian areas shall not be permitted to intrude onto or over the roadway or sidewalk in such a manner as to impact or obstruct pedestrian or vehicular traffic.
(f) Irrigation system waiver. Requirements for the installation of landscape materials and a permanent automatic irrigation system may be waived for parcels, lots or tracts designated to remain as wildlife habitat, natural areas or areas of limited disturbance. Such areas shall be approved by the Development Engineering Manager through a site verification and are based on the Comprehensive Plan, city parks and Open Space Master Plan, or other adopted City plans and policies. Provisions shall be made for temporary irrigation and maintenance of newly installed plant material in disturbed areas or areas of transition.
(g) When not specified in this Code, the Director will specify the landscape development requirements.
(h) Once a landscape plan has been approved through the Development Permit process, specific provisions contained within that approved plan shall have control over similar provisions within this article. Any requirement in this article not specifically changed in the approved landscape plan remains in effect.
(i) Site requirements within landscape areas are cumulative and may not be proposed to meet the minimum requirements of other landscape areas except as specifically provided in the Development Permit process.
(Ord. No. 2765, § 3, 5-13-03)
Sec. 18-493. Landscape provisions applicable to all existing single-family dwellings on individual lots.
(a) Applicability. Regulations in this section apply to all single-family lots on a recorded plat or where an application for a landscaping Development Permit has been filed by June 1, 2003.
(b) Areas required to be landscaped.
(1) All portions of lots which are not occupied by driveways, sidewalks, patios, decks or buildings shall be landscaped or mulched.
(2) Unless provided by a Homeowners' Association, special district or the City, the property owner adjacent to a public street is responsible for right-of-way landscape maintenance adjacent to the front yard and side yard of the lot.
(Ord. No. 2765, § 3, 5-13-03)
Sec. 18-494. Landscape provisions applicable to development projects for single-family dwellings on individual lots.
(a) Applicability. Regulations in this section apply to all Development Projects for single-family dwellings on individual lots.
(b) Areas required to be landscaped.
(1) All portions of lots which are not occupied by driveways, sidewalks, patios, decks or buildings shall be landscaped.
(2) Side yards screened from public view and rear yards shall be landscaped or mulched within 12 months of the issuance of the Certificate of Occupancy.
(3) The landscape and automatic irrigation system in front yards and side yards not screened from public view shall be installed by the Developer within 12 months of the issuance of the Certificate of Occupancy:
a. As part of the Development Permit process, the Developer shall submit a conceptual landscape and irrigation plan for each typical lot layout, for review. The area required to be landscaped shall not exceed the moderate water-demand landscape standard.
b. A minimum 75 percent of the area required to be landscaped shall have a ground surface cover of living plant materials that reflect a mix of evergreen and deciduous canopy, understory, ground cover or turf grass plant material. Turf grass shall account for a minimum of 25 percent up to a maximum of 50 percent of the area required to be landscaped.
1. The foliage crowns of deciduous trees do not count in calculating compliance with this provision. Weeds shall not be considered as living plant materials; however, ornamental grasses, ground covers, deciduous and evergreen shrubs and trees and turf grass shall be considered as living plant materials.
2. Up to 25 percent of the area required to be landscaped may be covered with mulch, pavers, decorative concrete or other materials as determined during the Development Permit process. Plant material located in rock mulch, pavers or decorative concrete shall be selected from low and ultra-low water-demand plant lists.
c. The irrigation system shall be zoned separately for turf grass and shrub bed areas.
d. The Developer shall install a minimum of two tree equivalents, at least one of which is a tree.
(c) Unless provided by a Homeowners' Association, special district or the City, the property owner adjacent to a public street is responsible for right-of-way landscape maintenance adjacent to the front yard and side yard of the lot.
(d) Unless specifically excluded, parks, detention areas and drainage channels located within Single-Family Detached Zoning Districts shall be landscaped under the provisions of Section 18-495(c).
(Ord. No. 2765, § 3, 5-13-03)
Sec. 18-495. Landscape provisions applicable to development projects.
(a) Applicability. Regulations in this section apply to all nonresidential districts; and multifamily, single-family attached properties and manufactured home park common areas, unless specifically excluded.
(b) Areas required to be landscaped.
(1) All portions of these properties which are not occupied by structures, water bodies, surfaced by streets, roads, driveways, sidewalks, parking areas, other vehicle use areas, or City approved trails are required to be landscaped in accordance with the provisions of this article.
(2) No less than 20 percent of the gross land area, less the land to be dedicated for streets, shall be required to be landscaped.
a. Using water-wise landscape principles, the landscape in all nonresidential zoning districts shall not exceed the moderate water-demand landscape standard.
b. Using water-wise landscape principles, the landscape in all multifamily and single-family attached properties and manufactured home park common areas shall not exceed the moderate water-demand landscape standard.
(3) A minimum 75 percent of the area required to be landscaped shall have a ground surface cover of living plant materials that reflect a mix of evergreen and deciduous canopy, understory, ground cover or turf grass plant material.
a. The foliage crowns of deciduous trees do not count in calculating compliance with this provision. Weeds shall not be considered as living plant materials; however, ornamental grasses, ground covers, deciduous and evergreen shrubs and trees and turf grass shall be considered as living plant materials.
b. Up to 25 percent of the area required to be landscaped may be covered with mulch, pavers, decorative concrete or as determined during the Development Permit process. Plant material located in rock mulch, pavers or decorative concrete shall be selected from ultra-low and low water-demand plant lists.
(4) All properties shall feature landscape areas in the front, rear, side and perimeters that separate parking areas, other vehicular use areas, or buildings from adjacent property lines according to the following provisions:
a. Within the front yard or along the adjoining street frontage of all nonresidential development projects, there shall be a landscape area at least 25 feet in depth.
b. Within the front yard of all multifamily projects and within the common areas of all manufactured home parks and single-family attached projects, there shall be a landscape area at least 20 feet in depth.
c. Within the interior side and rear yard of all multifamily projects and within the interior common area of all manufactured home parks and single-family attached projects, there shall be a landscaped area at least 20 feet in depth.
d. Along the sides of any nonresidential development project that directly abuts a residential zoning district, there shall be a landscape buffer at least 15 feet in depth, unless a different type of buffer that creates an effective visual separation between properties is approved in the Development Permit process.
e. Along the rear of any property that directly abuts a residential zoning district there shall be a landscape buffer that meets the requirements of Subsection 18-456(b).
(5) Development projects that require off-street parking spaces for 50 or more vehicles shall provide sidewalks for primary pedestrian routes. In addition, an amount of area equal to ten percent of the total hard surface area designated for parking spaces, exclusive of vehicular circulation aisles, shall be allocated to designated landscape parking lot islands.
(6) Development projects that incorporate City trails, parks, detention areas or drainage channels shall be required to landscape and maintain such areas unless specifically excluded in the Development Permit.
(7) Development projects adjacent to an arterial or collector street shall be required to landscape the right-of-way adjoining the development site and the nearest one-half of the median as follows:
a. Environmental concerns, including shade and winter ice, shall be addressed in the design of medians and right-of-way areas.
b. Unless specifically excluded, the City shall maintain arterial street medians.
c. When the Development Engineering Manager determines that it is in the best interest of the City that a median or right-of-way area cannot be built or landscaped simultaneously or that landscaping the right-of-way or the median should occur on a different schedule than the development project, the Developer shall be required to provide a cash-in-lieu payment for development improvements equal to the estimated cost of the built landscape improvements.
1. The amount of payment required shall be determined by a landscape architect, commercial landscape nursery or commercial contractor, and deemed reasonable by the Development Engineering Manager based on the approved plans submitted by the Developer, and shall be included in the Developer's Agreement.
2. Payments shall be due for residential development projects prior to the issuance of any building permit. For nonresidential projects, the schedule for payment will be established in the same manner as the schedule for construction of the improvements as provided in the Developer's Agreement.
(8) Development projects adjacent to the E-470 right-of-way shall be in substantial compliance with the E-470 Multiple Use Easement Landscape and Improvement Policy.
(9) Within required development project landscaped areas there shall be planted a minimum of one Tree Equivalent approved in a Development Permit for every 600 square feet of area required to be landscaped, except as provided in Section 18-495(c).
(10) The landscaping materials required by these provisions shall be distributed throughout the site or lot and throughout the areas required to be landscaped, based on a plan acceptable to the City.
(11) All landscaped areas shall be served by a functioning automatic irrigation system with rain sensor shutoff device, unless otherwise specified in this article. The irrigation system shall be zoned separately for turf grass and shrub bed areas.
(12) Any landscaping around a fire hydrant shall be designed with a three-foot clear zone of mulch or ground cover height plant material.
(c) Parking lots, public and private parks, detention and drainage channel areas, right-of-way areas, medians and development projects adjacent to I-25 right-of-way shall be landscaped as follows:
(1) Parking lots:
a. Landscaping shall be protected from vehicles by the placement of wheel stops, curbs, or other acceptable means. If wheel stops are not used, credit for landscaping is not allowed for the two-foot vehicle overhang. If a pedestrian walkway is used for vehicle overhang, then the walk shall be widened by two feet.
b. Landscaped parking lot islands bordering or within parking lots shall meet the following additional requirements:
1. Landscaped areas shall not exceed the low water-demand landscape standard. High water-demand plant material is prohibited in parking lot islands.
2. Landscaped islands shall be a minimum width of nine feet, be at least 100 square feet in area and contain a minimum of two tree equivalents per individual island.
3. Landscaped parking lot islands greater than 150 square feet in area shall have one additional shrub for each additional 20 square feet or fraction thereof.
4. When a parking lot island exceeds 2,000 square feet, plant material quantities may be calculated at a rate of one tree equivalent for every 100 square feet of area in the island.
5. No landscaping within any parking lot islands may be placed or allowed to grow in such a manner as to obstruct visibility for vehicles entering, maneuvering in, or exiting the parking lot.
(2) Public and private park areas:
a. A minimum of one tree equivalent as a combination of trees, shrubs, and ground covers shall be required for every 1,000 square feet of area designed as a Tot Lot and for every 3,500 square feet of all other park areas.
b. Parks shall not exceed the moderate water-demand landscape standard, except as approved by the City Manager for parks that are dedicated or donated to the City. The square footage of City designated sports fields is exempt from this requirement.
c. Slopes shall not exceed 4:1 unless specifically approved by the Development Permit process.
d. Irrigation systems for turf grass play areas shall be zoned separately from shrub beds. Sports fields shall be zoned separately from other turf grass play areas. Trees in turf areas shall be irrigated with drip irrigation on a separate zone. Cool season turf is allowed only on slopes 6:1 and less.
e. Landscaping structural features as outlined in the City's Parks and Open Space Master Plan including, but not limited to, signage, lighting, other site furnishings, fencing and other requirements, in locations approved by the Development Permit process, shall be included.
f. Any playground or other equipment or amenities as the City shall additionally require, including turf grass playfields and shrub bed groupings that reflect compatible hydrozones, in quantities, sizes, types, in locations approved by the Development Permit process, shall be included.
g. In instances where parks are located in the 100-year floodplain, landscaping requirements may be adjusted to the specific requirements of the Urban Drainage and Flood Control District.
(3) Detention and drainage channel areas:
a. A minimum of one tree equivalent shall be required for every 4,000 square feet of area.
b. Detention and drainage channel areas shall not exceed the Low Water-Demand Landscape standard.
c. All detention and drainage channels shall be designed to blend with adjacent areas. Slopes shall not exceed 4:1 unless specifically approved during the Development Permit process.
d. The sides of these areas shall be designed using low water-demand plant material. The bottoms of these areas shall be designed using wetland and/or low water-demand plant material, as appropriate. Mulched shrub beds at the top of detention and drainage channels shall be designed to transition to adjacent landscapes. Trees located on 4:1 slopes shall be approved in the Development Permit process.
e. In development projects in which a detention area or drainage channel abuts residential lots, no closed or solid fencing is allowed adjacent to these areas except as may be approved during the Development Permit process.
f. In instances where detention areas or drainage channels are located in the 100-year floodplain, landscaping requirements may be adjusted to the specific requirements of the Urban Drainage and Flood Control District.
g. To preserve, protect and enhance wetlands, the Developer shall:
1. Delineate wetlands as determined by a U.S. Corps of Engineers approved wetlands expert.
2. When development is permitted by the U.S. Corps of Engineers, minimize impacts on wetlands to comply with all Federal regulations.
3. Create a 50-foot buffer area adjacent to any Wetland boundary.
4. Create a minimum 50-foot buffer area around any open body of water exceeding one-half acre of surface area as determined during the Development Permit process.
(4) Rights-of-way excluding medians:
a. A minimum of one and one half tree equivalents shall be required for each 50 linear feet of arterial and collector street frontage required to be landscaped in a right-of-way.
b. Rights-of-way landscaping shall be compatible with adjacent landscaped areas. Rights-of-way areas between sidewalk and adjacent property lines shall not exceed the moderate water-demand landscape standard. Rights-of-way areas between the back of curb and sidewalk shall not exceed the low water-demand landscape standard. High water-demand plant material such as cool season bluegrass shall not be planted in landscaped rights-of-way six feet wide or less.
c. Natural and/or manmade landscaping features as determined during the Development Permit process shall be provided.
d. Any landscaping next to a public sidewalk or trail shall be designed with a two-foot clear zone of mulch, turf or ground cover.
(5) Medians:
a. The amount of landscape or hardscape area required shall be determined in accordance with the Standards and Specifications.
b. Medians located in arterial streets which are nine feet wide or wider shall be landscaped. Medians located in arterial streets which are less than nine feet wide shall be hardscaped. Medians located in any other type of street shall be improved as determined during the Development Permit process.
c. Landscaped medians on arterial streets which are over 600 feet in length shall incorporate a motor vehicle maintenance pullout area with mountable curb as approved through the Development Permit process.
d. Medians of nine feet or greater width shall have a minimum of one tree equivalent for each 50 linear feet and two tree equivalents for each 400 square feet.
e. Medians shall not exceed the low water-demand landscape standard. High water-demand plant material is prohibited in landscaped medians.
f. Natural and/or manmade landscaping features as determined during the Development Permit process shall be provided.
(8) Development projects adjacent to I-25 right-of-way shall meet the following additional requirements:
a. Development projects adjacent to the I-25 right-of-way shall be assessed an I-25 landscaping fee that shall be paid prior to the issuance of any building permit.
b. The amount of the I-25 landscape fee shall be established by the fee resolution.
c. All I-25 landscape fees shall be paid to the City, prior to the issuance of a building permit.
(Ord. No. 2765, § 3, 5-13-03)
Sec. 18-496. Prohibitions.
(a) The following are prohibited on all properties in the City, developed or undeveloped:
(1) Plants that grow thorns which, upon maturity, will intrude onto or overhang sidewalks or other pedestrian areas.
(2) The use of artificial trees, shrubs, vines, turf or other plants as an outside landscaping material, except as allowed through the Development Permit process for designated sports fields on public property. Use of artificial turf on City property for a sports field must be approved by City Council.
(3) The planting of elm trees (Ulmus genus) at any location within the City, unless these trees are certified by a horticulturist to be resistant to Dutch elm disease.
(4) All trees of the Salix and Populus genera within 25 feet of any street or public right-of-way.
(5) Plantings or other landscape elements over 30 inches in height within a visibility triangle as defined in Subsection 18-456(c).
(6) Noxious weeds.
(7) The following trees except as approved in the Development Permit process: Acer saccharimum, Juglans nigra, Prunus virginiana, Prunus maachii, Prunus padus, Populus spp. and Salix spp.
(b) No person shall mutilate or otherwise damage a tree or plant located in a City or private park, public or private median, public rights-of-way, or other public property by:
(1) Cutting, carving or removing a tree or plant;
(2) Injuring the bark, branches, or leaves of any tree or plant;
(3) Attaching a rope, wire, or other contrivance such as a sign, to any tree or plant;
(4) Causing or permitting any wire charged with electricity to come in contact with any tree or plant;
(5) Allowing any gaseous, liquid or solid substance which is harmful to a tree or plant to come in contact with any tree or plant; or
(6) In any other way injuring or impairing the natural beauty or usefulness of a tree or plant.
(Ord. No. 2765, § 3, 5-13-03)
Sec. 18-497. Material specifications.
(a) All plants shall be healthy specimens adapted to the northern hardiness zones as defined by the United States Department of Agriculture.
(b) The minimum size and characteristics of plant and other landscaping materials at the time of planting or installation shall conform to current standards of the American Association of Nurserymen (AAN), as published in the current edition of "American Standard for Nursery Stock", and shall be as follows:
(1) Deciduous trees shall be a minimum of two inches in caliper or six-foot tall clump.
(2) Evergreen trees shall be a minimum height of six feet.
(3) Evergreen and deciduous shrubs shall be a minimum No. 5 container size.
(4) Ground cover, ornamental grasses and vines shall be a minimum No. 1 container size, except when a higher quality landscape can be produced by utilizing smaller container sizes planted on closer centers. In no case shall prostrate junipers be smaller than a No. 5 container size.
(5) Wood chips and wood shavings as mulch have no minimum size, but shall have a compacted minimum depth of three inches. The ground shall be completely covered by mulch.
(6) Rock or stone shall have limited use as mulch, shall be one to six inches in size with a maximum depth of three inches. Plant material located in rock mulch shall be selected from ultra-low and low water-demand plant lists. The ground shall be completely covered by mulch.
(c) These requirements do not apply to any single-family detached dwelling, duplex, townhouse or manufactured home, except in those instances where planting and landscape materials are installed by a Developer, a Homeowners' Association or special district.
(d) These material specifications apply to all landscape materials planted for the purposes of meeting the minimum uniform water-wise landscape requirements specified in Sections 18-494 and 18-495.
(Ord. No. 2765, § 3, 5-13-03)
Sec. 18-498. Maintenance requirements.
(a) The property owner, Developer, tenant, Homeowners' Association or special district which has assumed landscape maintenance responsibility shall keep all landscaping in a well-maintained and healthy growing condition. This means at a minimum taking the following actions as needed:
(1) Regular mowing, irrigation, weeding, fertilizing, pruning and other maintenance of all outside plant materials in the property.
(2) Removal of trash, litter, weeds.
(3) Treating plant materials that exhibit evidence of insect, pest or disease damage.
(4) Replacement of dead or dying plant materials with specimens in good and healthy growing condition shall promote the intent and purpose of water-wise landscaping principles.
(5) Replacing dead plant materials within one month of their death or written notice of condition, except that during adverse weather conditions a longer period, not to exceed nine months, may be granted by the Department.
(6) Replenishing natural landscape materials such as mulch which no longer cover the area in which they were originally deposited so as to achieve full coverage to a minimum depth of three inches.
(7) Repairing, replacing or maintaining landscaping structural features, including but not limited to fountains, reflecting pools, outdoor artwork, screening walls, retaining walls, fences, benches or other street furniture elements, as necessary to maintain these items in good condition, if readily seen from an adjoining street, sidewalk or City-designated trail, park, landscape or open space area.
(8) Any other action necessary to maintain landscaping installed in accordance with an approved landscape plan.
(b) The property owner, Developer, tenant, Homeowners' Association or special district which has assumed landscape maintenance responsibility shall be responsible for the maintenance of the right-of-way landscape, unless maintenance responsibility has been specifically assigned to a different entity through the Development Permit process, or as specified in a recorded Developer's Agreement.
(c) All landscape plantings and natural and manmade landscaping features required by an approved Development Permit shall be subject to periodic inspection by the City when necessary to ensure compliance with this chapter.
(Ord. No. 2765, § 3, 5-13-03)
Sec. 18-499. Deviations from standards.
(a) The regulations, standards and policies contained in this article are to facilitate development that is consistent with the City's landscape objectives. The Board or Director may consider deviations from the landscape area, area dimensions and quantity of plant materials standards in this article on a case-by-case basis during the Development Permit process. Any deviation shall be evaluated on its own unique site specific conditions and shall take into consideration:
(1) The design quality and content of the landscape plan of record, if any;
(2) The relationship of the proposed landscape plan to adjacent land uses;
(3) The contribution of the proposed landscape plan to the overall landscape character and development of the surrounding area;
(4) The extent to which the proposed landscape plan contributes to the achievement of the purposes of this article;
(5) Compliance is not feasible because the area necessary to properly install the quantity of plant material required is not available on the project site, the project cannot comply as a result of dedication of property or right-of-way to the City, or unique site conditions, including but not limited to, slopes, wetlands, configuration of the site, or the location of existing principal structures, makes compliance with this article not possible; or
(6) Any development project whose landscape plan proposes a reduction in the square footage of landscape area shall be required to exceed the minimum landscape requirements as listed below:
a. Relocate the plant materials that would have been required in the landscape area prior to the reduction to remaining landscape areas;
b. Add five shrubs for each 100 square feet of reduced landscape area, or one tree for every ten shrubs required;
c. The applicant may propose increasing the size of plants in the remaining landscape area as a substitute for having to relocate the plant materials that would have been required in the landscape area that is being reduced. Substitution of larger plants shall not apply to the additional shrubs required in this provision;
d. Each tree above the minimum size required shall be counted as that percent above the minimum for the purposes of plant substitutions or requirements For example, if three tree equivalents of two-inch caliper trees are required for a total of six caliper inches, two three-inch caliper trees may be substituted.
(Ord. No. 2765, § 3, 5-13-03; Ord. No. 2815, § 34, 2-24-04)
Secs. 18-500--18-530. Reserved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
