21.08.250 Landscape applications, installation, and maintenance standards

21.08.250 Landscape applications, installation, and maintenance standards.

1. The landscaping application shall be submitted to the development and business services department either with the development proposal application, if any, or as an independent application if the landscaping requirements are triggered by the thresholds above (LMC 21.08.200). The submittal requirements are listed on the landscaping application sheet and include a landscape plan.

a. All landscape plans must bear the seal or signature of a qualified landscape professional.

2. Fee. With the application, the applicant shall submit a fee. The fee for a landscaping application is set forth as miscellaneous plan review in Chapter 3.104 LMC. If the application is part of a project design review (PDR) application, the fee shall be determined per the PDR chapter of the LMC (LMC 21.25.115). The application will not be accepted unless it is accompanied by the required fee.

1. Installation Prior to Occupancy. All landscaping that fulfills the city code requirements must be installed prior to occupancy of any structure located on the same site. If, due to extreme weather conditions or some unforeseen emergency, all required landscaping cannot be installed prior to occupancy, then a cash deposit, guarantee account, or bond (the cost of installation may be included in the construction maintenance bond per LMC 13.40.110) must be provided to the city as financial security to guarantee installation of the remaining landscaping, as provided in LMC 21.04.920.

2. Landscaping in Right-of-Way. Property owners who install landscaping on portions of right-of-way not covered by impervious surfaces must provide the city with a written release of liability for damages which may be incurred to the planting area from any public use of the right-of-way and must indemnify the city against any injuries occurring within that portion of right-of-way so utilized. Such release and indemnity shall be subject to approval by the city attorney. If acquisition of a portion of the private property for the purpose of a public right-of-way creates a nonconformance, the nonconformance shall be regulated per LMC 21.12.500.

a. Irrigation Plan. The landscape plan shall include an irrigation plan. Irrigation must be appropriate to the type of landscaping installed and be engineered to use as little water as necessary for plant survival and healthy growth. Any existing naturally landscaped portions of the site must not be irrigated. Irrigation systems shall meet the following requirements:

i. All irrigation systems shall include an automatic controller with an overriding rain sensor switch to turn off irrigation during rainfall events.

ii. The irrigation plan shall show zones, connecting nozzles, distribution valves, irrigation lines, sprinkler heads or drip lines, and timer location, as well as other information integral to the proposed irrigation system.

iii. Landscape plans that use xeriscaping methods (per LMC 21.08.300(I)) do not require permanent irrigation systems in the areas using drought-tolerant plants. However, temporary drip irrigation systems may be necessary for establishing plants. The irrigation plan must show the temporary irrigation system(s) and include details on when the temporary system will be removed.

iv. Landscape plans must provide adequate watering of the newly installed trees for a minimum of three years.

b. Whenever landscaping is required to be installed according to this title the plant material shall be regularly maintained and kept in a healthy condition by the property owner or their agent in accordance with this chapter and approved development plans in perpetuity or until a new landscape plan is submitted and approved by the city.

c. Maintenance must include regular weeding, removal of litter from landscaped areas, and repair or replanting so that the landscaping continues to comply with requirements and/or approved development plans.

d. Xeriscaping shall be maintained as shown on the approved site plan, and all dry landscape materials shall follow industry standards of fire prevention, upkeep, and preventative maintenance.

e. The construction bond must include calculations for the cost of maintenance and replacement of damaged or destroyed landscaping during construction. Bonded landscaping must include all proposed landscaping (and retained existing landscaping per LMC 21.08.300(H)) in the development plans approved by the city. Monitoring and enforcement of landscaping conditions of approval must follow LMC 21.04.920.

1. Applicant Request. The applicant may request a reduction to a required landscape buffer. The request must be made in writing and must describe fully the reduction and the basis for the request. The fee for processing a request may be found under LMC 3.104.210 – LMC Title 21 fees and charges. The applicant or person(s) requesting the buffer reduction may request a reduction if they can prove that, due to the intensity of existing or proposed landscaping, change in topography between properties, use of the properties along the abutting property line, or other characteristics of the abutting properties, a reduced buffer width or deviation from the landscape code requirements will provide adequate separation and screening between properties. The person(s) requesting the buffer reduction bear the burden of proof that the reduced buffer will provide adequate separation and screening between properties.

a. At least 28 calendar days prior to acting on a request for buffer reduction, notice of the request must be mailed to the owners of all properties that abut the site of the proposed reduction. Content of the notice shall include: (i) the date of the reduction request; (ii) the date the landscape application was submitted (if already submitted); (iii) the date of the issuance of the notice of reduction request; (iv) a description of the requested reduction; (v) a list of other project permits in the application (if any); (vi) a list of any studies required for reviewing the project (if any); (vii) a list of other permits that may be required for the project, to the extent known by the city (if any); (viii) a listing of any existing environmental documents that evaluate the proposed reduction (if any); (ix) the location where the application and any other supporting documents may be reviewed; (x) the date comments must be received by the city; and (xi) contact information for submitting comments. Action on a request may not be taken until this noticing period has expired.

b. Anyone may appeal a determination regarding an exception by the director under this subsection by filing a written statement of the reason(s) for the appeal with the development and business services department. Such an appeal shall be processed pursuant to the Process II procedures in Chapter 1.35 LMC.

D. Nonconforming Uses. Proposals for properties with nonconforming uses and sites must meet the landscaping requirements under Chapter 21.12 LMC for alteration or improvement of nonconforming structures and site. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 3326 § 2, 2019)