Chapter 3.3
Landscaping, Street Trees, Fences and Walls
Sections:
3.3.110 Applicability of Landscaping Requirements
3.3.120 Landscape Conservation
3.3.170 Completion of Landscaping, Street Trees, Fences, Walls & Outdoor Lighting
3.3.100 Purpose
Chapter 3.3 contains standards for landscaping, street trees, fences and walls. Together, these elements of the natural and built environment contribute to the visual quality, environmental health and character of the community.
Landscaping and trees provide climate control through shading during summer months and wind screening during winter. Trees and other plants can also buffer pedestrians from traffic. Walls, fences, trees and other landscape materials also provide screening and buffering between land uses. Landscaped areas help to control surface water drainage and can improve water quality, as compared to paved or built surfaces.
3.3.110 Applicability of Landscaping Requirements.
The provisions Chapter 3.3 apply to permits and approvals granted under this Code. Table 3.3.110 provides a list of the landscaping standards that typically apply to each type of permit or land use approval.
Table 3.3.110
Applicability of Landscaping Standards to Permits and Land Use Approvals
|
Approvals |
3.3.120 Conservation of Significant Landscape Features* |
3.3.130 New Landscaping |
3.3.140 Street Trees |
3.3.150 Fences and Walls |
3.3.160 Outdoor Lighting |
3.3.170 Complete Landscaping in 6-Months |
|---|---|---|---|---|---|---|
|
Modification to Existing Lots, Site Improvements and/or Building Additions |
Y (Yes) |
Maybe |
N (No) |
Y (Yes) New wall, fence or replacement |
Y (Yes) |
Maybe |
|
Building Permits |
||||||
|
Accessory Buildings (to Residential) |
Rarely |
N |
N |
Y |
Y |
N |
|
Single-Family Home / MH on Ind. Lot |
Rarely |
Y Front Yard |
Y in subdivision |
Y |
Y |
Y Front Yard |
|
Duplex, Tri-Plex, Multi-family Housing |
Rarely |
Y |
Y |
Y |
Y |
Y |
|
Commercial |
Rarely |
Y |
Y |
Y |
Y |
Y |
|
Industrial |
Rarely |
Y |
Y |
Y |
Y |
Y |
|
Public / Other – Non-Residential |
Rarely |
Y |
Y |
Y |
Y |
Y |
|
Type II and Type III Developments |
||||||
|
Conditional Use Permit |
Y |
Y |
Y |
Y |
Y |
Y |
|
Development Review |
Y |
Y |
Y |
Y |
Y |
Y |
|
Partition or Re-plat of 2-3 lots (See also, Chapter 4.4) |
Y |
Y on flag driveway |
N |
Y |
N |
Y |
|
Site Design Review |
Y |
Y |
Y |
Y |
Y |
Y |
|
Subdivision or Replat of >3 lots (See also, Chapter 4.4) |
Y |
Y |
Y |
Y |
Y |
Y |
* Significant Vegetation is identified during the Site Development Review process. Significant vegetation or heritage trees to be protected will be shown on a Site Development Plan approved by the City of Halsey.
3.3.120 Landscape Conservation
Landscape conservation prevents the indiscriminate removal of significant trees, including those located along streams, near wetlands, and adjacent to property lines.
A. Applicability. All development sites, 1.0-acre in size or larger, containing Significant Vegetation, as defined below, shall comply with the standards of this section. The purpose of this section is to incorporate significant vegetation into the landscapes of development. The use of mature vegetation within developments is a preferred alternative to removal of vegetation and re-planting. Mature landscaping provides summer shade and wind breaks and allows for water conservation due to larger plants having established root systems.
B. Significant Vegetation. “Significant vegetation” means:
1. Significant Trees. Individual, healthy trees with a trunk diameter of twelve (12) inches or greater, as measured 4 feet above the ground (diameter at 4 feet above grade, or “DBH”). Certain trees may be deemed “Heritage Trees” when nominated by the property owner and designated by the City Council, by virtue of size, rarity, historical significance, etc.
2. Stands of Trees. Groups of 3 or more trees that form a stand, usually with intertwining roots or canopies. At least one of trees must be 8 inches or greater in diameter.
3. Exception: Protection shall not be required for plants listed as non-native, invasive plants by the Oregon State University Extension Service in the applicable OSU bulletins for Linn County.
C. Mapping and Protection Required. Significant vegetation shall be shown on a site plan as required by Chapter 4.3 - Site Design Review. Significant trees shall be mapped individually and identified by species and size (“DBH”). A “protection” area shall be defined around the edge of all branches (drip-line) of each tree. The City also may require an inventory, survey, or assessment prepared by a qualified professional when necessary to determine vegetation boundaries, building setbacks, and other protection or mitigation requirements.
D. Protection Standards. All of the following protection standards shall apply to significant vegetation areas:
1. Protection of Significant Trees. Significant trees identified as meeting the criteria in Section 3.3.120.B.1 shall be retained whenever practicable. Preservation may become impracticable when it would prevent reasonable development of public streets, utilities, or land uses permitted by the applicable land use district.
2. Stands of Trees. Groups of trees meeting the criteria in Section 3.3.120.B.2 shall be retained whenever practicable. Preservation may become impracticable when it would prevent reasonable development of public streets, utilities, or land uses permitted by the applicable land use district.
3. Conservation Easements and Dedications. The City may require dedication of land or recordation of a conservation easement to protect groves of significant trees.
E. Construction. All areas of significant vegetation shall be protected prior to, during, and after construction. Grading and operation of vehicles and heavy equipment is prohibited within significant vegetation areas, except as approved by the City for installation of utilities or streets. Such approval shall only be granted after finding that there is no other reasonable alternative to avoid the protected area, and adequate mitigation is provided.
F. Exemptions. The protection standards in Section 3.3.120.D shall not apply in the following situations:
1. Dead, Diseased, and/or Hazardous Vegetation. Vegetation that is dead or diseased, or poses a hazard to personal safety, property or the health of other trees, may be removed. Prior to tree removal, the applicant shall provide a report from a certified arborist or other qualified professional to determine whether the subject tree is diseased or poses a hazard, and any possible treatment to avoid removal, except as provided by subsection 2, below.
2. Emergencies. Significant vegetation may be removed in the event of an emergency without land use approval, when the vegetation poses an immediate threat to life or safety, as determined by City staff. Staff shall prepare a notice or letter of decision within 7 days of the tree(s) being removed. The decision letter or notice shall explain the nature of the emergency and be on file and available for public review at City Hall.
3.3.130 New Landscaping
This section includes standards for landscaping for any new development in the City including buffering for parking areas, and between different land use districts.
A. Applicability. This section applies to all developments requiring Development Review, Site Design Review, a Building Permit, and any other development with required landscaping.
B. Minimum Landscape Area Standards. All portions of a lot not otherwise developed with buildings, accessory structures, hardscape, vehicle maneuvering areas, or parking shall be landscaped. The minimum percentage of required landscaping equals:
1. Residential District: 25 percent of the site.
2. Commercial District: 10 percent of the site
3. Commercial – Main Street Subdistrict: 5 percent of the site or an equivalent combination of on-site landscaping, street trees and streetscape improvements in front of the building.
4. Industrial District: 10 percent of the site.
C. Landscaping Required for Front Yard of a new detached Single-family Dwelling or Duplex. The property owner shall install landscaping, including but not limited to lawn, ground cover, shrubs, trees and/or hardscape in or other landscape materials, in the front yard of any new detached single-family dwelling, manufactured home on an individual lot, or duplex within six (6) months of the date of the final inspection or issuance of a certificate of occupancy, whichever comes first. No landscaping plan is required.
D. Landscaping Plan Required. A landscape plan is required for all uses except a detached single-family dwelling, MH on individual lot or a duplex. All landscape plans shall conform to the requirements in Chapter 4.3, Section 4.3.140.B.5 (Landscape Plan).
E. Landscape Materials. Landscape materials include trees, shrubs, ground cover plants, non-plant ground covers, and outdoor hardscape features, as described below:
1. Natural Vegetation. Natural vegetation shall be preserved or planted where practicable.
2. Plant Selection. A combination of deciduous and evergreen trees, shrubs and ground covers shall be used for all planted areas, the selection of which shall be based on local climate, exposure, water availability, and drainage conditions. As necessary, soils shall be amended to allow for healthy plant growth.
3. “Non-native, invasive” plants shall be prohibited.
4. Hardscape features (i.e., patios, decks, plazas.) may cover up to 15 percent of the required landscape area; except in the Main Street Commercial Subdistrict where hardscape features may cover up to 25 percent of the landscape area. Swimming pools, sports courts and similar active recreation facilities may not be counted toward fulfilling the landscape requirement.
5. Non-plant Ground Covers. Bark dust, chips, aggregate or other non-plant ground covers may be used but shall cover no more than 25 percent of the area to be landscaped. “Coverage” is measured based on the size of plants at maturity or after 2 years of growth, whichever comes sooner.
6. Tree Size. Trees shall have a minimum caliper size of 1.5 inches or be 6 feet or taller, at time of planting. Street trees shall have a minimum caliper size of 2.0 inches.
7. Shrub Size. Shrubs shall be planted from five-gallon containers, minimum, where they are for required screens or buffers, and two-gallon containers minimum elsewhere.
8. Ground Cover Size. Ground cover plants shall be sized and spaced so that they grow together to cover a minimum of 75 percent of the underlying soil within 2 years.
9. Significant Vegetation. Significant vegetation preserved in accordance with Section 3.3.120 may be credited toward meeting the minimum landscape area standards. Credit shall be granted on a per square foot basis. The Street Tree standards in Section 3.3.140 may be waived when trees preserved within the front yard provide the same or better shading and visual quality as would otherwise be provided by street trees.
10. Storm Water Facilities. Storm water facilities (i.e., detention/retention ponds and swales) shall be landscaped with water tolerant, native plants and grasses.
F. Landscape Design Standards. All yards, parking lots, planter area/parking strips between the property line and curb/street pavement shall be landscaped in accordance with the provisions of Section 3.3.120 through Section 3.3.160. Landscaping shall be installed with development to provide erosion control, visual interest, buffering, privacy, open space and pathway identification, shading and wind buffering, based on the following standards:
1. Yard Setback Landscaping. Landscaping shall satisfy the following criteria:
a. Provide visual screening and privacy within side and rear yards; while leaving front yards and building entrances mostly visible for security purposes;
b. Use shrubs and trees as wind breaks, as appropriate;
c. Retain natural vegetation, as practicable;
d. Define pedestrian pathways and open space areas with landscape materials;
e. Provide focal points within a development, such as signature trees (i.e., large or unique trees), hedges and flowering plants;
f. Use trees to provide summer shading within common open space areas, and within front yards when street trees cannot be provided;
g. Use a combination of plants for year-long color and interest;
h. Use landscaping to screen outdoor storage and mechanical equipment areas, and to enhance graded areas such as berms, swales and detention/retention ponds.
Figure 3.3.130.F – Landscape Areas in a Multiple Family Development
2. Parking areas. A minimum of 5 percent of the combined area of all parking areas, as measured around the perimeter of all parking spaces and maneuvering areas, shall be landscaped. Such landscaping shall consist of an evenly distributed mix of shade trees with shrubs and/or ground cover plants. “Evenly distributed” means that the trees and other plants are distributed around the parking lot perimeter and between parking bays to provide a partial canopy. At a minimum, one tree per 5 parking spaces total shall be planted to create a partial tree canopy over and around the parking area. All parking areas with more than 20 spaces shall include landscape islands with trees to break up the parking area into rows of not more than 12 contiguous parking spaces. All landscaped areas shall have minimum dimensions of 4 feet by 4 feet to ensure adequate soil, water, and space for healthy plant growth.
3. Buffering and Screening Required. Buffering and screening are required under the following conditions:
a. Parking/Maneuvering Area Adjacent to Streets and Drives. Where a parking or maneuvering area is adjacent and parallel to a street or driveway, a decorative wall (masonry or similar quality material), arcade, trellis, evergreen hedge, or similar screen shall be established parallel to the street or driveway. The required wall or screening shall provide breaks, as necessary, to allow for access to the site and sidewalk by pedestrians via pathways. The design of the wall or screening shall also allow for visual surveillance of the site for security. Evergreen hedges used to comply with this standard shall be a minimum of 36 inches in height at maturity, and shall be of such species, number and spacing to provide the required screening within one year after planting. Any areas between the wall/hedge and the street/driveway line shall be landscaped with plants or other ground cover. All walls shall be maintained in good condition, or otherwise replaced by the owner.
b. Parking/Maneuvering Area Adjacent to Building. Where a parking or maneuvering area, or driveway, is adjacent to a building, the parking or maneuvering area shall be separated from the building by a raised pathway, plaza, or landscaped buffer no less than 5 feet in width. Raised curbs, bollards, wheel stops, or other design features shall be used to protect buildings from being damaged by vehicles. When parking areas are located adjacent to residential ground-floor living space, a landscape buffer is required to fulfill this requirement.
4. Screening of Mechanical Equipment, Outdoor Storage, Service and Delivery Areas, and Automobile-Oriented Uses. Except for uses outside of the Main Street District that provide on-site outdoor display and sales of automobiles or automobile related goods where storage is provided for public display all mechanical equipment, outdoor storage and manufacturing, and service and delivery areas, shall be screened from view from all public streets and Residential districts. Screening shall be provided by one or more the following: decorative wall (i.e., masonry or similar quality material), evergreen hedge, non-see through fence, or a similar feature that provides a non-see through barrier. Walls, fences, and hedges shall comply with the vision clearance requirements and provide for pedestrian circulation, in accordance with Chapter 3.2 - Access and Circulation. (See Section 3.3.150 for standards related to fences and walls.)
G. Landscaping Adjacent to Street for Developments with a Fence or Wall Adjacent to a Street. A landscape buffer, not less than 5’ wide, is required in a front yard or street-side yard between the property line and any wall or fence that exceeds 4’ in height. The landscape buffer shall include trees, shrubs and ground cover. Maintenance shall be assured by a homeowner’s association or other legal entity. The fence shall conform to the requirements in Chapter 3.3, Section 3.3.150.
H. Landscaping for Double Frontage Lots. If a double-frontage lot is permitted and the rear yard abuts a collector or arterial street, a landscape buffer, not less than 10’ wide, shall be provided between the back-yard fence/wall and the rear property line. The landscape buffer shall include trees, shrubs and ground cover.
I. Maintenance and Irrigation. The use of drought-tolerant plant species is encouraged and may be required when irrigation is not available. Irrigation shall be provided for plants that are not drought- tolerant. If the plantings fail to survive, the property owner shall replace them with an equivalent specimen (i.e., evergreen shrub replaces evergreen shrub, deciduous tree replaces deciduous tree, etc.). All other landscape features required by this Code shall be maintained in good condition, or otherwise replaced by the owner.
J. Additional Requirements. Additional buffering and screening may be required for specific land uses, as identified by Chapter 2, and the City may require additional landscaping through the Conditional Use Permit process (Chapter 4.5).
3.3.140 Street Trees
Street trees contribute to an attractive, walkable neighborhood. They provide shade in summer, a windbreak in winter, and a buffer between pedestrians and vehicles. Street trees shall be planted for all developments that are subject to Land Division or Site Design Review. Requirements for street tree planting strips are provided in Chapter 3.5.110 - Transportation Standards. Street trees shall conform to the following standards and guidelines:
A. Growth Characteristics. Trees shall be selected based on growth characteristics and site conditions, including available space, overhead clearance, soil conditions, exposure, and desired color and appearance. The following should guide tree selection:
1. Provide a broad canopy where shade is desired.
2. Use low-growing trees for spaces under utility wires.
3. Select trees that can be “limbed-up” where vision clearance is a concern.
4. Use narrow or “columnar” trees where awnings or other building features limit growth, or where greater visibility is desired between buildings and the street.
5. Use species with similar growth characteristics on the same block for design continuity.
6. Avoid using trees that are susceptible to insect damage and avoid using trees that produce excessive seeds or fruit.
7. Select trees that are well-adapted to the environment, including soil, wind, sun exposure, and exhaust. Drought-resistant trees should be used in areas with sandy or rocky soil.
8. Select trees for their seasonal color, as desired.
9. Use deciduous trees for summer shade and winter sun.
Although not limited to this list, the following trees are recommended because they do well under power lines and will not damage sidewalks (from City of Albany Urban Forester’s office):
Large shade trees: Elm, Purple Beech, Scarlet Oak, London Plane, and Little-leaf Linden.
Medium shade trees: Black Gum, Gingko, Cimarron Ash, Zelkova, and Eastern Hop Hornbeam.
Small ornamental trees: Japanese Snowbell, Golden Desert Ash, Paperbark Maple, Kwanzan Cherry, and Adirondack Crabapple.
Columnar trees: Hornbeam, Chanticleer Pear, Skyrocket Oak, Bowhall Maple, and Fastigiated Beech.
B. Caliper Size. The minimum caliper size at planting shall be 2-inches, based on the American Association of Nurserymen Standards.
C. Spacing and Location. Street trees shall be planted within existing and proposed planting strips, and in sidewalk tree wells on streets without planting strips. Street tree spacing shall be based upon the type of tree(s) selected and the canopy size at maturity. In general, trees shall be spaced no less than 30’ and no more than 50 feet apart, except where planting a tree would conflict with existing trees, utilities, driveway approaches and similar physical barriers or would obscure view in a clear vision area.
1. Street trees shall be located a minimum of ten (10) feet from underground public utilities.
2. Street trees shall be located a minimum of twenty (20) feet from street signs and traffic directional signs.
D. Soil Preparation, Planting and Care. The developer shall be responsible for planting street trees, including soil preparation, ground cover material, staking, and temporary irrigation for two years after planting. The developer shall also be responsible for tree care (pruning, watering, fertilization, and replacement as necessary) during the first two years after planting. Trees planted in tree wells within sidewalks or other paved areas shall be installed with root barriers, consistent with applicable nursery standards.
E. Maintenance. All street trees within the public right-of-way are the continuing maintenance obligation of the property owner and shall be maintained in good condition, or otherwise replaced by the property owner.
3.3.150 Fences and Walls
This section sets standards for fences and walls, including maximum allowable height and materials, to promote security, personal safety, privacy, and aesthetics.
A. General Requirements. All fences and walls that are not a part of a building, including modifications to existing fences and walls, shall comply with the standards of this section. The City may require installation of walls and/or fences as a condition of development approval, in accordance with Chapter 4.5 - Conditional Use Permits or Chapter 4.3 - Site Design Review.
B. Fence Height and Dimensions.
1. The maximum allowable height of fences and walls is 6 feet, as measured from the lowest grade at the base of the wall or fence.
2. The height of fences and walls within a front yard setback shall not exceed 4 feet (except decorative arbors, gates, etc.), as measured from the grade closest to the street right-of-way. An incidental garden structure (e.g., arbor or gate) is allowed within a front yard provided it does not encroach into a required clear vision area.
3. Walls and fences to be built for required buffers shall comply with Section 3.3.130.
4. Fences and walls shall comply with the vision clearance standards of Section 3.2.120.M.
5. Exceptions for Non-Residential Uses. In the Commercial District south of “H” Street and in the Industrial District, the following exceptions to fence height and materials standards are allowed:
a. A fence or wall may be constructed to a maximum height of eight (8) feet where the fence or wall is setback behind the front or street side property line behind a ten (10) foot landscape buffer. The landscape buffer shall include a combination of trees, shrubs, ground cover or allowable non-plant material to provide a visual buffer on the outside of the fence facing the street. The landscape buffer shall provide for a seasonal variation in color and year-round interest.
b. Barbed wire may be added to the top of a six-foot high fence.
6. Other Limitations on Fences and Walls. Other provisions of this Code, or the requirements of the roadway authority, may limit allowable height of a fence or wall below the height limits of this section.
7. Variance to Fence Height requirement. A Type C variance is required for any proposal to construct a fence taller than the fence height allowed in this section.
C. Materials.
1. Permitted Materials. Permitted fence and wall materials include weather-treated wood; untreated cedar and redwood; metal (e.g., chain link, wrought iron, and similar fences); bricks, stone, masonry block, formed-in-place concrete, or similar masonry; vinyl and composite (e.g., recycled) materials designed for use as fencing; and similar materials as determined by the City Planner.
2. Prohibited Materials. Prohibited fence and wall materials include straw bales, tarps, barbed or razor wire (except in the Commercial District south of “H” Street and in the Industrial District); scrap lumber, pallets, untreated wood (except cedar or redwood), corrugated metal, sheet metal, scrap materials; dead, diseased, or dying plants; and materials similar to those listed herein. Electric fences are prohibited.
3. Fence Materials Permitted in the Main Street Commercial Subdistrict. Fences and walls in the Main Street Commercial Subdistrict shall complement the historic nature of the area. No vinyl or chain link fences are allowed in the Main Street Commercial Subdistrict.
D. Permitting. A land use permit is not required to install a fence of six feet or less in height, or a wall that is four feet or less in height. A building permit may be required for some fences and walls, pursuant to applicable building codes. The City may require installation of fencing, walls or screening as a condition of approval for some projects, pursuant to other code requirements.
E. Maintenance. All fences and walls are the continuing maintenance obligation of the property owner and shall be maintained in good condition.
3.3.160 Outdoor Lighting
A. Purpose. This section contains regulations requiring adequate levels of outdoor lighting while minimizing negative impacts of light pollution.
B. Applicability. All outdoor lighting shall comply with the standards of this section.
C. Standards.
1. Light poles, except as required by a roadway authority or public safety agency, shall not exceed a height of [20] feet; except that pedestal- or bollard-style lighting is the preferred method illuminating walkways. This limitation does not apply to flag poles, utility poles, and streetlights.
2. Where a light standard is placed over a sidewalk or walkway, a minimum vertical clearance of eight feet shall be maintained.
3. Outdoor lighting levels shall be subject to review and approval through Site Design Review. As a guideline, lighting levels shall be no greater than necessary to provide for pedestrian safety, property or business identification, and crime prevention.
4. Except as provided for up-lighting of flags and permitted building-mounted signs, all outdoor light fixtures shall be directed downward, and have full cutoff and full shielding to preserve views of the night sky and to minimize excessive light spillover onto adjacent properties.
5. Lighting shall be installed where it will not obstruct public ways, driveways, or walkways.
6. Walkway lighting shall have a minimum average illumination of not less than 0.2 foot-candles.
7. Active building entrances shall have a minimum average illumination of not less than 2.0 foot-candles.
8. Surfaces of signs shall have an illumination level of not more than 2.0 foot-candles.
9. Parking lots and outdoor services areas, including quick vehicle service areas, shall have a minimum illumination of not less than 0.2 foot-candles, average illumination of approximately 0.8 foot-candles, and a uniformity ratio (maximum-to-minimum ratio) of not more than 20:1.
10. Where illumination grid lighting plans cannot be reviewed or if fixtures do not provide photometrics and bulbs are under 2,000 lumens, use the following guidelines:
a. Poles should be no greater in height than four times the distance to the property line.
b. Maximum lumen levels should be based on fixture height.
11. Where a light standard is placed within a walkway, an unobstructed pedestrian walkway of not less than 36 inches wide shall be maintained.
12. Lighting subject to this section shall consist of materials approved for outdoor use and shall be installed according to the manufacturer’s specifications.
D. Permitting. A land use permit is not required to install or replace outdoor lighting. The City may require installation of site lighting as a condition of approval for some projects, pursuant to other code requirements.
E. Maintenance. For public health and safety, outdoor lighting shall be maintained in good condition, or otherwise replaced by the property owner.
F. Lighting Nuisance. Outdoor lighting shall be directed so it does not create a traffic hazard on a public roadway or shine directly or glare into an adjacent property or use. The City may require the property owner to redirect the light or add shielding to eliminate the nuisance. The City may enforce this requirement under the City’s nuisance abatement ordinance.
3.3.170 Landscaping Completion and Maintenance
A. Completion of Landscaping. Landscaping shall be completed prior to the issuance of a Certificate of Occupancy. The City Administrator may grant a one-time extension of up to six months to allow for the completion of landscaping.
B. Plant Survival and Replacement. Plants that do not survive for a period of at least one year from initial planting shall be replaced by the property owner, at the property owner’s expense.
C. Maintenance. Plants and landscaping are the continuing maintenance obligation of the property owner and shall be continuously maintained by the property owner.