Copyrighted by SPRINGDALE CODE & Municipal Code Corporation, 1998.
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ARTICLE II. Sec. 56-26. Purpose.
The purpose of this chapter is to ensure a minimum of open space and green area as an integral part of new development and to protect the health and welfare of its citizens through the regulation of landscaping of new multi family, commercial and industrial developments.
(Ord. No. 3306, 3-25-03)
Sec. 56-27. Goals and objectives.
(a) Goals. Goals of this chapter include, but are not limited to, the following:
(1) To save trees on public property from indiscriminate destruction or unnecessary removal.
(2) To moderate the effects of sun, wind, and temperature changes.
(3) To filter pollutants from the air and release oxygen.
(4) To stabilize soil and prevent erosion.
(5) To preserve desirable trees.
(6) To establish an education program providing information and guidelines for tree preservation and maintenance.
(b) Objectives. The following are objectives that this landscaping and open space chapter intends to accomplish:
(1) Landscaping would enhance the environmental and visual character of the community.
(2) Green space requirements preserve and stabilize the area's ecological balance by establishing a healthier environment.
(3) Green areas help to mitigate the negative effects of air and noise pollution by using plants as buffers.
(4) Landscaping should be an integral part of a development--not an afterthought. This chapter is designed to promote high quality developments, protect property values and public investment in our community.
(Ord. No. 3306, 3-25-03)
Sec. 56-28. Definitions.
For purposes of this chapter the following definitions shall apply.
Berm means an earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
Buffer, perimeter landscape means a continuous area of land set aside along the perimeter of a lot in which landscaping is used to provide a transition between and reduce the environmental, aesthetic, and other impacts of one type of land use upon another.
Cultivated landscape area means planted areas that are frequently maintained by mowing, irrigating, pruning, fertilizing, etc.
Drip line means a vertical line extending from the outermost branches of a tree to the ground.
Ecosystem means a characteristic assemblage of plant and animal life within a specific physical environment, and all interactions among species, and between species and their environment.
Evergreen means a plant with foliage that persists and remains green year-round.
Ground cover means plants, other than turf grass, normally reaching an average maximum height of not more than 24 inches at maturity.
Hedge means a landscape barrier consisting of a continuous, dense planting of shrubs.
Irrigation system means a permanent, artificial watering system designed to transport and distribute water to plants.
Landscape architect means as defined by the American Society of Landscape Architects; must be registered in the state.
Mulch means non-living organic and synthetic materials customarily used in landscaping design to retard erosion and retain moisture.
Open space shall be interpreted to mean:
All areas of natural plant communities or area replanted with vegetation after construction, such as revegetated natural areas; tree, shrub, hedge, or ground cover planting areas; and lawns; and
Other areas allowed to be counted as open space as per this Code.
Ornamental tree means a deciduous tree planted primarily for its ornamental value or for screening purposes; tends to be smaller at maturity than a shade tree.
Parking space means that portion of a vehicle accommodation area set aside for the parking of one vehicle.
Perimeter, landscaping means a five-foot green space strip which [surrounds] the entire property, not including where a landscaped street buffer is required.
Plant community means a natural association of plants that are dominated by one or more prominent species, or a characteristic physical attribute.
Plant species, prohibited means those plants species which are demonstrably detrimental to native plants, native wildlife, ecosystems, or human health, safety and welfare.
Preserve areas means vegetative areas required to be preserved by law.
Professional landscaper means landscape designer, nurseryman, horticulturist or other landscape professional whose primary business is that of installing and maintaining landscapes.
Screen means a method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls, or any appropriate combination thereof.
Shade tree means usually a deciduous tree--rarely an evergreen--planted primarily for its high crown of foliage or overhead canopy.
Shrub means a self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than ten feet in height at its maturity.
Tree means any self-supporting woody perennial plant which has a D.B.H. of two inches or more and which normally attains an overall height of at least 15 feet at maturity, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks as in several varieties of oak.
Understory means assemblages of natural low-level woody, herbaceous, and ground cover species which exist in the area below the canopy of the trees.
Vegetation, native means any plant species with a geographic distribution indigenous to all or part of the state. Plant species which have been introduced by man are not native vegetation.
Viable means when referring to a tree, shrub, or other type of plant, is a plant that, in the judgment of the planning official, is capable of sustaining its own life processes, unaided by man, for a reasonable period of time.
Woodlands, existing means existing trees and shrubs of a number, size, and species that accomplish the same general function as new plantings.
Xeriscape means landscape methods which conserve water through the use of drought-tolerant plant and planting techniques.
(Ord. No. 3306, 3-25-03)
Sec. 56-29. Applicability.
The requirements of this chapter shall apply to all public, private, and institutional developments, other than single family residential or duplex residential developments, approved after the date that this ordinance is adopted with the following exceptions:
(1) Previously approved developments which have been given a permit to begin building construction.
(2) Additions to existing structures that are under ten percent of the gross floor area of the building or 2,500 square feet, whichever is less.
(Ord. No. 3306, 3-25-03)
Sec. 56-30. Submittal.
The following information is required on landscape plans in order for staff to review for compliance with this chapter.
(1) Location, general type, and quality of existing vegetation, including specimen trees;
(2) Existing vegetation to be saved:
(3) Methods and details for protecting existing vegetation during construction and approved sediment control plan, if available;
(4) Locations and labels for all proposed plants;
(5) Plant lists or schedules with the botanical and common names, quantity, spacing and size of all proposed landscape material at the time of planting;
(6) Location and description of other landscape improvements such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas; and
(7) Planting and installation details as necessary to ensure conformance with all required standards.
(8) Guarantee from the developer that all plant materials will be warranted for a period of 24 months from the time of installation. If any of the material should fail to survive during that period it would be replaced during the appropriate planting season.
(Ord. No. 3306, 3-25-03)
Sec. 56-31. Street frontage, interior, and perimeter.
Each development is required to address all three areas in the landscaping plan as it pertains to the particular site. The landscaping plan must include plantings and green space along all street right-of-ways, between lots with adjacent parking lots and also within the interior of the parking areas as the requirements apply to the individual site. The text and diagrams below explain the options that the applicant has for the site. Exemptions from these requirements are addressed in section 56-29.
(1) Landscaped street frontage buffer.
a. The landscaped street buffer serves two primary purposes: when a parking lot is located adjacent to a public right-of-way, a strip of landscaping helps shield projecting headlights that may impair the vision of passing motorist or pedestrians therefore creating a safer environment; it also provides an aesthetically pleasing transition from the public right of way to private property.
b. The site plan for any development, other than those exempt in section 56-29 must show a landscaped street buffer along all public rights-of-way. The applicant may choose among five options illustrated below, choosing one or a combination of several to meet the particular site constraints of the development.
Option 1: A minimum buffer of ten feet in width, planted with a minimum of one shade tree and seven shrubs per 25 linear feet of street frontage.
Option 2: Earth berms, at least two and one-half feet higher than the finished elevation of the parking lot, planted with a minimum of one shade tree and three shrubs per 25 linear feet of street frontage, with no set dimension.
Option 3: A six-foot landscaped street buffer with three feet of fall that includes a minimum of one shade tree and three shrubs per 25 linear feet of street frontage.
Option 4: A three-foot high wall made of brick, stone, or finished concrete along with five-foot buffer area including one shade tree per 25 linear feet along street frontage.
Option 5: A landscaped buffer area with existing woodlands maintained in 25-foot strip along the street frontage.
(2) Interior parking lot landscaping requirements.
a. The parking lot landscaping requirement serves several purposes: it provides necessary green space to give relief to expansive parking areas with nothing but asphalt, and the trees provide shade and serve as windbreaks. Planting islands assist with vehicular circulation.
b. The site plan for any development, other than those exempt in section 56-29 must show interior parking lot landscaping. A sliding scale to determine the amount of green area per lot has been included in order for the applicant to include these landscaping requirements as an integral part of the site development. c. The diagram in subsection (d) illustrates what areas of the vehicle accommodation area are considered when determining the total area of the parking lot. The square footage of all areas within the parking lot's perimeter are counted, including the planting islands required, curbed areas, corner lots, parking spaces and all interior driveways and aisles except those with no parking spaces located on either side. Landscaped areas outside the parking lot may not be used to meet the interior planting requirement. The total amount of green space for the interior lot is determined by figuring eight percent, ten percent, or 15 percent of the total parking lot area as explained above.
d. Planting islands are required as a part of the green space percentage in the interior parking lot area. The diagram below illustrates the parking island dimensions. The dimensions of a parking island must be a minimum of nine feet by 19 feet, the same as a parking space, and must be curbed to protect the landscaping and trees. One parking island required for every 15 parking spaces determined for that use group from the minimum parking standard identified in the use unit section of the zoning ordinance. If 13 or more spaces remain, an additional parking island is required. The planting islands must be evenly spaced among the parking spaces in the lot and serve as vehicular delineators whenever possible. In parking lots over 150,000 square feet, the number of parking islands can be reduced but the total square footage of green space must remain according to the requirements.
e. Trees are required to be planted in the interior parking area to offer shading from the heat and sun. One tree per planting island is required for the interior parking area with the balance planted in grass or other vegetation. These trees must be planted within the island and a four-foot clearance should be left for car doors to open from adjacent parking spaces.
f. Plant materials at vehicular entrances should be located so as to maintain safe sight distances and protect from vehicular lubricants or fuels.
(3) Perimeter landscaping other than street frontage. Perimeter landscaping requirements define parking areas and prevent two adjacent lots from becoming one large expanse of paving. When perimeter landscaping is require, the diagram below illustrates this concept. At minimum, a five-foot landscaped strip is required along the side and rear lot lines of a development with one tree per 25 linear feet required along lot lines.
a. The perimeter landscaping requirement does not preclude the need for vehicular access to be provided between lots.
b. The ten-foot perimeter strip is required for each development regardless if one is already in place from an adjacent, developed lot.
c. No pavement may extend within five feet of the property line on any lot unless it is included with an ingress/egress location.
(Ord. No. 3306, 3-25-03)
Sec. 56-32. Landscape installation.
(a) Standards have been established for installation of all plant materials within the city. These requirements must be followed in order to receive approval of the site work and final occupancy or approval of the development. The planning and community development director or other person designated by him has the authority to deny the issuance of a final occupancy permit until landscaping is installed according to the requirements of this chapter and to the satisfaction of the site inspector.
(b) Temporary occupancy permits may be issued by the building inspector for weather related delays in the completion of a project. The developer shall deposit with the city clerk a surety bond, letter of credit, or cash for 150 percent of the cost of remaining improvements as approved by the director of the planning and community development division. The builder must request a final inspection and make every attempt to finish the project and provide a time frame for completion that both parties must agree upon.
(Ord. No. 3306, 3-25-03)
Sec. 56-33. Minimum tree and shrub planting requirements.
(a) Trees shall not be placed where they interfere with site drainage or where they shall require frequent pruning in order to avoid interference with power lines. A minimum of 75 percent of all required trees shall be shade trees.
(b) Immediately upon planting, trees shall be a minimum of eight feet tall and shall have a minimum caliper (widest width of trunk) of two inches.
(c) When more than ten trees are to be planted to meet the requirements of this chapter, a mix of species shall be provided. The number of species to be planted shall vary according to the overall number of trees required to be planted. The minimum number of species to be planted is listed in the table below. Species shall be planted in proportion to the required mix. This species mix shall not apply to areas of vegetation required to be preserved by law.
(d) Hedges, where required, shall form a solid continuous visual screen of at least three feet in height immediately upon planting and shall be spaced 18 inches on center. Hedge plantings shall be maintained so as not to exceed a height of six feet.
(Ord. No. 3306, 3-25-03)
Sec. 56-34. Additional landscape treatment.
(a) All interior landscaped areas not dedicated to trees or to preservation of existing vegetation shall be landscaped with grass, ground cover, shrubs, or other appropriate landscape treatment. Gravel or other pavement shall not be considered appropriate landscape treatment.
(b) Safe sight distances at intersections and points of access must be maintained.
(c) Except as provided below, all landscape areas at the front line of off-street parking spaces may be protected from encroachment or intrusion of vehicles through the use of wheel stops. Wheel stops shall have a minimum height of six inches above finished grade of the parking area. Wheel stops shall be properly anchored and shall be continuously maintained in good condition by the property owner. Wheel stops shall not be placed in locations of anticipated pedestrian traffic.
(d) Trees and other vegetation shall be planted in soil and climatic conditions which are appropriate for their growth habits. Plants used in the landscape design shall to the greatest extent be:
(1) Appropriate to the conditions in which they are to be planted;
(2) Have non invasive growth habits;
(3) Encourage low maintenance, high-quality design; and
(4) Be otherwise consistent with the intent of this chapter
(e) Replacement requirements for vegetation that is required to be planted or preserved by this chapter shall be replaced with equivalent vegetation if it is not living within 24 months of installation. Preserved trees for which credit was awarded but which subsequently die, shall be replaced by the requisite number of living trees according to the standards set forth in this chapter.
(Ord. No. 3306, 3-25-03)
Sec. 56-35. Enforcement and maintenance.
(a) The planning and community development director or a person designated by him has the authority to enforce the requirements of this chapter. Final occupancy permits and/or final plats will be held for those who fail to complete landscaping requirements. Once approved, the applicant is required to guarantee the plants for 24 months or they must be replaced by the owner. The property owner will maintain all trees and vegetation.
(b) Temporary occupancy permits may be given to tenants from November 1 to March 1 if inclement weather delays completion of project. These requests must be approved by the planning and community development director.
(b) Description of screens. The following three basic types of screen are hereby established and are used as the basis for the table of screening requirements set forth above:
(1) Opaque screen, type A. A screen that is opaque from the ground to a height of at least six feet, with intermittent visual obstructions from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visual contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. The opaque portion of the screen must be opaque in all seasons of the year. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. The portion of intermittent visual obstructions may contain deciduous plants.
(2) Semi-opaque screen, type B. A screen that is opaque from the ground to a height of three feet, with intermittent visual obstruction from above the opaque portion to a height of at least 20 feet. The semi-opaque screen is intended to partially block visual contact between uses and to create a strong impression of the separation of spaces. The semi-opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. At maturity, the portion of intermittent visual obstructions should not contain any completely unobstructed openings more than ten feet wide. The zone of intermittent visual obstruction may contain deciduous plants.
(3) Broken screen, type C. A screen composed of intermittent visual obstructions from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the spaces. It may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. The screen may contain deciduous plants
(Ord. No. 3306, 3-25-03)
Sec. 56-39. Variances.
The planning commission may approve variances and, thereby, authorize a property owner and/or developer to depart from the literal requirements of this chapter, where strict enforcement of said requirements would cause undue hardship due to circumstances unique to the individual property under consideration, and the granting of such variance is demonstrated to be within the spirit and intent of the provisions of this chapter, the planning commission may grant requests for variances of any requirements of this chapter according to the following guidelines:
(1) The planning commission may modify such requirements to the extent deemed just and proper so as to relieve such difficulty or hardship, provided that such relief may be granted without detriment to the public interest.
(2) When the applicant can show that his or her property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, the strict application of such provisions would prohibit or unreasonably restrict the use of the property, and the planning commission is satisfied that the granting of a variance would alleviate a demonstratable hardship, as distinguished from a special privilege or convenience sought by the applicant, such variance may be granted; provided that all variances shall be in harmony with the intended purpose of this chapter.
Appeal from decision. Any party aggrieved by the decision of the planning commission in granting or denying a variance may appeal the decision to the city council within 30 days of the planning commission's decision by giving notice thereof to the city clerk.
(Ord. No. 3306, 3-25-03)
Sec. 56-40. Expansions.
When a building or structure erected prior to April 1, 1999 and use occurring on December 31, 2001 shall have and will undergo any increase in number of gross floor area, dwelling units, or change in use unit designation the existing facility and all additional facilities shall be brought into compliance as a condition for obtaining a certificate of occupancy and business license.
(Ord. No. 3306, 3-25-03)
Sec. 56-41. Installation to be as provided in applications, plans and permits.
Building permits issued on the basis of plans and applications approved by the building inspector authorize only the arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Arrangement or construction at variance with that authorized shall be deemed a violation of this chapter, and punishable as provided by section 1-9. Subsequent lawful changes of use shall not be deemed a violation.
(Ord. No. 3306, 3-25-03)
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LANDSCAPE AND BUFFERS
Total Area of Parking Lot Area % Total Area of Lot for Interior Planting (excluding building and interior planting islands)(including the street frontage buffer, perimeter strip and the travel lanes) 3,000--49,999 sq. ft. 8 50,000--149,000 sq. ft. 10 150,000 sq. ft. or larger 15
Required Species Mix Required Number of Trees Minimum Number of species 11--20 2 21--30 3 31--40 4 41+ 5
Plant size From corners From walls Distance for mass planting Small 8' 12' 6--12' Medium 12' 15' 16--30' Large 16' 20' 30--40'
Single Family Duplex Multi Family Commercial Industrial Single Family None Semi-Opaque Opaque Opaque Opaque Duplex/Townhouse Broken None Broken Opaque Opaque Multi-Family Opaque Broken None Semi-Opaque Opaque Commercial Opaque Opaque Semi-Opaque None Broken Industrial Opaque Opaque Opaque Broken None