§ 138-3658. Landscaping for single-family detached, attached, two-family, and three-family residential properties.

(a)

Single-family detached, attached, two-family, and three-family residential properties shall meet the following landscape requirements prior to the issuance of a certificate of occupancy and/or tree permit:

(1)

Minimum trees per lot. Each developed lot shall have shade or accent trees planted or retained as follows:

a.

Trees shall be provided/preserved pursuant to Table 138-3658.a—Minimum Trees Per Lot.

Table 138-3658.a — Minimum Trees Per Lot
Lot Size	Minimum Required Trees per lot (1)
Less than 3,000 square feet	■ 1 shade or accent tree
3,001 to 6,000 square feet	■ 2 shade trees or accent trees (1, 2)
Between 6,001 to 9,500 square feet	■ 4 shade trees or accent trees (1, 2)
Between 9,501 to 16,000 square feet	■ 6 shade trees or accent trees (1, 2)
16,001 square feet or greater	■ 8 shade trees or accent trees, (1, 2) PLUS    ■ One additional tree is required for each 2,000 square feet, or portion thereof, in excess of 16,000 square feet
General Notes: 1. Shade trees shall be prioritized. Accent trees may only be used and counted towards the minimum trees per lot requirement when adequate planting space and/or light is greatly limited on the lot and would not allow for healthy shade tree growth. Accent trees planted in lieu of required shade trees shall be at a ratio of 2:1. 2. Fifty percent (50%) of lot requirement must be shade trees.

 

b.

Each existing healthy tree with the following dbh measurement can be credited as specified:

1.	4" dbh-10" dbh	- 1:1 shade tree credit
2.	10.1" dbh-20" dbh	- 2:1 shade tree credit
3.	20.1" dbh-36" dbh	- 3:1 shade tree credit
4.	Over 36" dbh	- 4:1 shade tree credit

 

(2)

Existing vegetation. Existing vegetation shall be eligible to meet the requirements of this section. This shall not apply to any species listed as an undesirable tree.

(3)

Other permeable/unimproved areas. Permeable/unimproved portions of private property including required yards shall be maintained with an herbaceous layer of sod, ground cover plant material, organic mulch, synthetic turf, and/or gravel. Mulch and gravel shall be maintained so that material and sediment does not enter the public storm sewer system.

(4)

Organic mulch. Organic mulch is a beneficial addition to landscaping in many situations including, but not limited to, providing a surface covering under shrubs, or where groundcover material is maturing. The intention of these regulations is to allow mulch within a landscape while not allowing the entire yard to only be covered in mulch.

a.

Installation standards. Where used in lieu of sod or groundcover plant material, organic mulch shall be placed to a minimum depth of three inches. The top level of mulch shall not exceed the height of the immediately adjacent ground surface. Mulch shall not be placed directly against a plant stem or tree trunk. Non-organic groundcovers including decorative gravel or crushed stone shall be allowed only in planting areas (e.g., in gardens or hedge areas) and not as a substitute for sod, groundcover or organic mulch.

b.

Limits on installation. Organic mulch may be used without limit underneath shrubs and trees, provided the groundcover, shrubs, trees or a combination thereof are planted and maintained at a cumulative ratio of at least one plant or tree, planted per each 50 square feet of organic mulched area. Plants or trees are to be planted within the mulch.

c.

Limits on installation in rights-of-way. Organic mulch may be used in permeable areas of the right-of-way to keep moisture in the soil while other forms of approved groundcover plant material are maturing. Mulch is prohibited within four feet of the curb or edge of pavement, if there is no curb. Mulch in the right-of-way must be contained within borders sufficient to prevent flotation of mulch into the roadway. With the exception of permitted driveway or sidewalk materials, the use of shell, rock or other similar hardened non-organic surface materials in the right-of-way is prohibited.

(5)

Irrigation. Irrigation systems are not required.

(6)

Mobile home park lots. Individual lots in mobile home parks shall be required to plant one shade or accent tree. When determining replacement requirements for tree removal from individual lots in mobile home parks, required replacements shall not be required to be replaced on individual lots but shall be replaced into areas maintained by the park as a whole, such as common areas, buffer areas, and areas around retention ponds. Where a mobile home park does not wish to replace a tree, a fee in lieu of replacement shall be required.

(7)

Sight triangle. All landscaping shall comply with the provisions of section 138-3508, sight visibility triangles.

(b)

All required landscape material shall be provided on the subject site. The following alternatives may be allowed:

(1)

The required trees/shrubs may be planted within the abutting right-of-way when allowed by the roadway facility owner (i.e., local government, developer, or property owners association); AND/OR

(2)

The applicant may provide a monetary contribution up to 40 percent of the tree requirement to a formally-adopted tree mitigation fund at a rate established by the board of county commissioners; AND/OR

(3)

The county administrator or designee, may allow applicants to construct and maintain structures with plant material that provide similar shade and vegetation function as a tree. (E.g., arbors with vines, shrubs, or similar plant material.) In this alternative, the amount of required trees may be reduced based on a near equivalent shade/vegetation function of a tree.

(Ord. No. 18-36 , § 3(Att. B), 10-23-18)