Chapter 17.80
LANDSCAPING
Sections:
17.80.050 Application/review procedures.
17.80.070 Minimum area requirements.
17.80.080 Street frontage requirements.
17.80.090 Perimeter landscaping.
17.80.100 Parking lot landscaping.
17.80.105 Screening requirements.
17.80.010 Title.
This chapter shall be called “Landscaping.” (Ord. 1857 § 2 (Exh. B), 2018).
17.80.020 Application.
The standards of this section shall apply to all new uses, structures, and development, and to the expansion or modification of existing uses, structures and developments, except:
A. The construction of single-family homes on existing lots; and
B. Where 100 percent lot coverage is permitted by buildings and the proposed project covers 100 percent of the lot. Landscaping shall be provided as feasible on such sites, focused on improving the appearance of the site from the public right-of-way.
C. Where a maximum setback is prescribed these standards shall not be construed as requiring a greater setback or buffer area. (Ord. 1857 § 2 (Exh. B), 2018).
17.80.030 Purpose.
Landscaping is necessary to provide a well-balanced, aesthetically pleasing environment for the residents and visitors of Burlington. Specifically, these requirements are intended to accomplish the following:
A. Maintain and enhance property values;
B. Enhance the appearance of the development;
C. Provide adequate buffers between different uses;
D. Improve the character and appearance of the city;
E. Reduce erosion and storm water runoff, and provide areas for biofiltration of sediments and oils;
F. Retain and incorporate existing significant trees and natural drainage areas into site plans to the maximum extent practical. (Ord. 1857 § 2 (Exh. B), 2018).
17.80.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35A.63 and 36.70A RCW and other applicable laws. (Ord. 1857 § 2 (Exh. B), 2018).
17.80.050 Application/review procedures.
A. Submittal Requirements. Landscape plans shall be submitted to the planning department and shall include locations, spacing, quantities and sizes of proposed plants, dimensions of planting areas, calculation of percentage of site to be landscaped, staking and planting plans, irrigation plans (may be on separate sheet), and other nonplant features to be included in the landscaping, such as river rock, pedestrian paths, benches, large stones, garden ornaments, or special lighting features. Three sets of drawings shall be submitted.
B. Planning Department Review. The community development director or designee shall review all landscape plans under the provisions of this chapter and may approve, deny, or approve with conditions, landscape plans for any development. In addition, the community development director or designee shall review and recommend action to the hearing examiner on the landscape plans for any development subject to hearing examiner review. The hearing examiner may authorize the community development director or designee to review any landscape plan, or final landscape plan, for any development which has come under their review.
C. Minor Modifications. Any applicant, or the community development director or designee, may request modification of any standard specified under this chapter, subject to the provisions of BMC 17.80.070(B). (Ord. 1857 § 2 (Exh. B), 2018).
17.80.060 General standards.
The following general standards shall apply to all landscaping required under this section:
A. Landscape Materials.
1. Acceptable landscape materials include evergreen or deciduous trees, shrubs, and ground cover plants, perennial or annual flowers, and lawn. River rock, driftwood, bark, rockeries, ornamental or decorative walkways (provided both sides abut landscaping) may be included. No artificial lawn or plants will be permitted in landscaped areas. Low impact development techniques and planting plans shall be employed to the maximum extent feasible in all landscaping plans.
2. At least 50 percent of all vegetation shall be native to the northwest and at least 25 percent of required trees shall be coniferous evergreens.
B. Existing Site Vegetation. Significant existing trees and shrubs shall be incorporated into the landscaping as much as possible. “Significant trees” shall be those evergreen and deciduous trees at least six inches in diameter at a point five feet above ground level. The site plan for the project shall include the location of significant trees, and shall identify which trees will be retained on the site. Care shall be taken in the grading and construction process so as not to disturb the roots within the drip line of existing trees to be retained, and to ensure proper irrigation.
C. Erosion Control Plan. The city may require temporary erosion sedimentation control measures as part of the landscape plan for the development. Sloped areas of the site shall be protected during construction, and planted with vines or other ground cover materials that will provide 90 percent coverage within 18 months of planting.
D. Pollution Control. It shall be the responsibility of the property owner to ensure that storm runoff from landscaped areas does not contain excessive amounts of fertilizer, insecticides and herbicides that may be harmful to aquatic life, and to take measures to prevent runoff water impacts as required by the Departments of Ecology and Wildlife.
E. Corner Vision. Along street frontages, within 30 feet of a driveway, alley, or street intersection, no shrubs shall be higher than 30 inches and no trees shall have branches or foliage below eight feet above street level.
F. Safety Features/Utilities. Installation of landscape materials shall not obstruct access to fire hydrants, standpipes, sprinkler connections, utility vaults, pedestals, and other public and private utility facilities.
G. Right-of-Way Landscaping. In addition to all other landscaping requirements, the developer shall landscape the unused right-of-way between the front property line(s) and the improved roadway. Where a street is at its ultimate width, “unused right-of-way” is defined as the area between the property line and the curb or edge of pavement. Landscaping within the right-of-way shall satisfy the corner vision and safety feature provisions of this section. In most cases, low shrubs and ground cover plantings similar to those used on the site will be preferred. Trees should be placed on private property whenever possible. Maintenance of landscaping in the right-of-way shall be the responsibility of the owner of the property adjacent to the right-of-way. Nothing in this section shall create or imply any interest of the property owner in the right-of-way. At such time as the city, county or state shall need to use the right-of-way, removal of the landscaping shall be the responsibility of the property owner. If such landscaping is not removed, it may be destroyed by the city, county or state.
H. Irrigation/Watering System. An irrigation system, or alternative watering system, shall be required. For smaller projects, an acceptable alternative would be the location of hose bibs in locations where hoses do not have to extend over parking lots or driveways to rear planting areas. The applicant shall contact the Public Utility District or applicable water purveyor to determine if any backflow prevention device is necessary; if so, such a device will be installed as required. Irrigation may be provided from shallow wells tapping ground water sources.
I. Maintenance. All landscaping and screening areas shall be maintained in a healthy, growing condition. Broken, dead, or dying trees, shrubs, or other plants shall be replaced. All landscaping and screening shall be kept reasonably free of weeds and trash. Any property owner who fails to reasonably maintain landscaping and screening areas will be considered to have committed an offense under this code.
J. Performance Assurance/Bonding. Unless otherwise required by the hearing examiner, all landscaping and screening required under this chapter shall be installed prior to occupancy of the development. In the event that landscaping improvements cannot be installed prior to application for occupancy, a cash deposit or other assurance acceptable to the city equal to 120 percent of the estimated installation costs shall be required. Such deposit shall be accompanied by a letter which shall stipulate completion of all landscape development no later than six months after the issuance of the certificate of occupancy or date of final approval, whichever is later. If these conditions are not met, the city may use the deposit to perform the landscape development.
K. Storm Water Management.
1. Storm water facilities and low impact development features landscaped in accordance with the requirements of this chapter may be used to meet any applicable minimum landscaping requirements.
2. To the greatest extent possible the planting areas required by this chapter should be used as storm water infiltration areas or low impact development features.
3. Low impact development features and planting areas used to treat, manage, or infiltrate storm water should be designed and constructed consistent with the Washington State Department of Ecology’s “Stormwater Manual for Western Washington” and the Puget Sound Partnership’s “Low Impact Development Technical Guidance Manual for Puget Sound.”
4. When trees or plants are located within, or adjacent to, an infiltration area the landscape architect shall submit evidence that they have coordinated with the engineer responsible for on-site storm water management. Based on information provided by the storm water engineer the landscape architect shall:
a. Specify tree and plant species suitable for the hydrologic and soil conditions anticipated or present in the planting area; and
b. Specify tree and plant species that will not detrimentally affect the ability of the planting area to manage storm water.
5. Landscaping plans shall identify areas of the site with suitable soils for storm water infiltration and LID features.
6. Any landscaping areas used for storm water infiltration, treatment, or storage shall be consistent with BMC Title 14. (Ord. 1857 § 2 (Exh. B), 2018).
17.80.070 Minimum area requirements.
A. Minimum Area Requirements. The percentage of gross site area to be landscaped is to be regarded as the minimum. In the event that, because of lot configuration, adjacent land uses, or special circumstances, more landscaping is required to meet all requirements of this code, the higher amount of landscaping shall be required. The minimum landscaping area requirements indicated below may include landscaping around buildings, along road frontages, in parking and loading areas, and outdoor recreational use areas, as required in this section. Area within the right-of-way may be used to satisfy up to 20 percent of the minimum requirements.
|
Zoning Classification |
Percent of Gross Site Area |
|---|---|
|
Multifamily (R-2 and R-3) |
15 |
|
General/Heavy Commercial District (C-1 and C-2) |
10 |
|
Multifamily in Commercial District |
15 |
|
Semi-Public (R-S) |
15 |
|
Business District (B-1) |
10 |
|
Business Park District (BP) |
10 |
|
Industrial District (M-1) |
5 |
|
Commercial Uses in Industrial Districts |
10 |
|
Short Plats, Subdivisions, and Cluster Developments – see BMC 17.80.080 and 17.80.090 for requirements. |
|
B. Minor Reductions. The minimum area requirements specified above in subsection (A) of this section may be reduced by up to 25 percent, if requested by the applicant, in cases where the normal requirement cannot be met due to lot size, the configuration of existing buildings and improvements, or topography.
C. Preexisting Developments/Alterations. Any development existing prior to the adoption of this section which does not satisfy the provisions of this section shall be considered a nonconforming use. Additions or alterations to these nonconforming uses shall require that landscaping be provided, as possible, commensurate with the extent of the alteration or addition, in compliance with the provisions of this section; provided, that compliance with BMC 17.80.090 shall be required as a minimum.
D. Phased Projects. Phased projects include but are not limited to shopping centers, large site developments proceeding in phases, subdivisions, cluster developments, and business parks. Before construction permits are issued for the first phase of any phased project, conceptual approval of the landscaping plan for the site as a whole is required.
1. Final approval of the landscaping plan for each phase is required before construction permits are issued for a phase.
2. Landscaping along a frontage road or perimeter screening may be required to be installed in the first phase. Criteria to be considered in the decision include but are not limited to the following:
a. Timing of phases of a project; and
b. Proximity to residential areas.
E. A licensed landscape architect shall be required to prepare the landscaping plans and supervise the installation of landscaping for all new development. This requirement may be waived by the community development director for simple small scale projects with minimal landscaping requirements. (Ord. 1857 § 2 (Exh. B), 2018).
17.80.080 Street frontage requirements.
Planting areas along street frontage shall be as follows:
A. Minimum width: 10 feet. When lot depth is less than 200 feet, the minimum width may be reduced to five percent of the lot depth, but not less than six feet in width.
B. Maximum Spacing. One tree for every 30 feet of road frontage shall be planted, either in groupings or evenly spaced, with ground cover or shrubs used liberally.
C. Plant Varieties. Trees utilized in this area shall be of varieties that do not conflict with underground and overhead utilities. These trees may be selected from the city’s suggested list of plant materials, or any approved equivalent, based upon the specific constraints of the site.
D. Street Tree Requirements. Plantings shall also comply with the adopted Burlington tree plan as now or hereafter amended. Where the Burlington tree plan differs from these requirements, the Burlington tree plan shall control.
E. Exemptions.
1. Sidewalks and Pedestrian Access Points. Sidewalks and pedestrian access points may be located within the landscape buffer strip required by subsection (A) of this section.
2. Driveway approaches.
3. The landscape buffer requirements identified above in subsection (A) of this section shall not apply in zones where buildings are required to be located at the front setback or street edge. (Ord. 1857 § 2 (Exh. B), 2018).
17.80.090 Perimeter landscaping.
Planting areas within side and rear setback areas which are not occupied by structures shall be as follows:
A. Minimum width: five feet, unless otherwise specified under the screening requirements of this chapter.
B. Exempt.
1. Areas adjacent to railroad rights-of-way on an industrial site shall be exempt.
2. Perimeter of industrial site or heavy commercial yard that is not substantially visible from the right-of-way or located where screening is required shall be exempt, but in no case shall exceed the maximum 25 percent modification per BMC 17.80.070(B).
C. Planting Requirements. A minimum of one tree shall be planted for every 150 square feet, or fraction thereof, of perimeter planting area. See Burlington tree plan for perimeter planting in the right-of-way. Shrubs and ground cover plantings shall be in quantities and spacing that will provide for 80 percent ground coverage within three years. When applicable, the screening requirements under BMC 17.80.105 shall supersede the requirements of this subsection.
D. Connecting Driveways. When connecting or joint driveways are provided between sites, the minimum area requirements under BMC 17.80.070(A) may be reduced by the area occupied by the driveway that would otherwise be landscaped under the requirements of this subsection. (Ord. 1857 § 2 (Exh. B), 2018).
17.80.100 Parking lot landscaping.
The provisions of this section are intended to soften the visual effect created by large expanses of barren asphalt; increase the amount of permeable surface; and reduce the quantity and speed of runoff from the site.
A. Area of Application. The provisions of this section shall apply to the interior of parking areas providing 20 or more spaces.
B. Required area: 15 square feet of landscaping per parking space, excluding perimeter spaces.
C. Minimum Width. Planting islands shall have a minimum average width of eight feet.
D. Location of Plantings Areas. Parking area landscaping shall be located at the ends of parking columns, between the parking stalls oriented in the same direction as the stalls, or between rows of parking to break up and define parking areas.
E. Tree and Shrub Requirements. A minimum of one tree shall be required for every 150 square feet, or fraction thereof, of required landscaped area. Deciduous trees shall have a clear trunk at least five feet above ground and a minimum size of two inches diameter breast high (dbh). Low shrubs shall be provided on the perimeter of the landscaping islands, in addition to other ground cover or flowers. Other landscape materials shall comply with the general provisions of this section.
F. Landscape Protection. Any trees, shrubs, or plants which are susceptible to damage by pedestrian or motor vehicles shall be protected by appropriate curbs, tree guards or other protective devices.
G. Pedestrian walkways may be included in landscaped areas and the standards of this section modified to accommodate them. (Ord. 1857 § 2 (Exh. B), 2018).
17.80.105 Screening requirements.
When applicable, the requirements of this section shall supersede the requirements of other sections of this chapter.
A. Purpose. The requirements of this section are intended to reduce the visual impacts and incompatible characteristics of:
1. Abutting properties with different land use classifications;
2. Service areas and facilities, including loading and storage areas;
3. Parking areas located in front of buildings;
4. Any other use or area as required under this section or by the planning commission.
B. Landscaping. Screen planting shall consist of evergreen trees planted a maximum of 15 feet on center; deciduous trees for seasonal color and texture; and medium-sized shrubs (three to five feet at maturity) and ground cover plants at a density to form an effective barrier to cover 85 percent of the ground surface within two years.
C. Minimum Width. The screening area shall be 10 feet wide unless the use of an earth berm, fence, or wall is incorporated into the screening, as provided below:
1. Earth Berm Alternative. If an earth berm is incorporated into the screening plan, medium-sized shrubs and/or evergreen trees shall be spaced a maximum of four and one-half feet on center and the width of the screening area may be reduced to 10 feet.
2. Fence Alternative. If a fence option is selected, maximum spacing of medium-sized shrubs shall be six feet on center, and the width of the screening area may be reduced to seven feet. The fence shall be constructed of exterior weather-resistant wood, or acceptable alternative. If a cyclone fence is proposed, such fence shall include natural colored slats and shall be located so as to place the landscaping on the outside of the fence next to the buffered property or right-of-way.
3. Wall Alternative. If a wall at least five feet high is to be used for screening, the planting requirements shall be as specified under BMC 17.80.090, and the screening area may be reduced to five feet. Screen walls shall be constructed with masonry, block, or textured concrete, subject to design approval by the community development director or designee.
D. Uses Requiring Screening. The community development director or designee may require screening to protect adjacent properties from probable negative impacts of any permitted or conditional use in a district. Except as otherwise required by the community development director or designee, screening shall be required in the following instances:
1. Developments located in districts on the left side of the chart, below, shall provide screening when adjoining districts specified on the right side of the chart.
|
District to be Developed |
District to be Screened |
|---|---|
|
Multifamily Residential |
Single-Family Residential |
|
Semi-Public |
All Residential |
|
Commercial/Business |
All Residential |
|
Industrial |
All Residential Commercial |
2. Mobile home parks shall have screening installed around the perimeter of the development in the required open space buffer, which shall not be less than 10 feet in width.
3. Churches, community clubhouses, and other similar conditional uses shall provide perimeter screening when adjoining a residential district.
4. Heavy industrial uses such as wrecking yards, gravel operations, concrete plants, lumber mills and similar uses shall provide screening at least 20 feet in width along property lines adjoining a residential, rural or agricultural district. (Ord. 1857 § 2 (Exh. B), 2018).