Chapter 17.81
LANDSCAPING
Sections:
17.81.050 Plans and review process.
17.81.060 General requirements.
17.81.070 Street frontage landscaping.
17.81.080 Perimeter landscaping.
17.81.090 Parking lot landscaping.
17.81.110 Buffers and screening.
17.81.120 Landscaping maintenance and tree retention.
17.81.010 Title.
This chapter shall be called “Landscaping.” (Ord. 1933 § 1 (Exh. A), 2023).
17.81.020 Application.
This chapter shall apply to all development, including but not limited to land use and building permits, the maintenance, removal or alteration of any landscaping required under this chapter, and the removal or alteration of significant trees. (Ord. 1933 § 1 (Exh. A), 2023).
17.81.030 Purpose.
The purpose of this chapter is to:
A. Improve the character and appearance of the city;
B. Manage stormwater, reduce erosion, provide areas for biofiltration, and maintain or restore natural hydrologic processes;
C. Protect public health by providing shade and wind protection, reducing urban heat island effects, improving air quality;
D. Reduce localized flooding and slow the movement of floodwaters;
E. Protect the quality of ground water, provide opportunities for ground water recharge, and conserve water resources;
F. Provide buffers between incompatible uses and minimize aesthetic, noise, light, glare, and privacy impacts;
G. Promote economic development by creating an aesthetically pleasing, safe, and comfortable environment for residents, visitors, and businesses;
H. Provide wildlife habitat and promote biodiversity;
I. Implement the city’s comprehensive plan. (Ord. 1933 § 1 (Exh. A), 2023).
17.81.040 Authority.
This chapter is adopted pursuant to the provisions of chapters 35A.63 and 36.70A RCW and other applicable laws and regulations. (Ord. 1933 § 1 (Exh. A), 2023).
17.81.050 Plans and review process.
A. Plans Required. Landscaping plans shall be required for all new development except:
1. The construction or modification of a detached dwelling or duplex on an existing lot;
2. The construction or modification of normal residential appurtenances and accessory uses associated with an individual detached, duplex, or horizontally attached dwelling unit;
3. Normal residential landscaping and gardening associated with an individual detached, duplex, or horizontally attached dwelling unit;
4. The construction or modification of buildings and other improvements on a site where the existing landscaping fully complies with this chapter and where the landscaping will not be modified;
5. Simple small scale projects where little or no landscaping is required and where compliance with the requirements of this chapter can be readily assured through simple conditions of approval.
B. Landscape Architect Required. All landscaping plans shall be prepared by a landscape architect licensed in the state of Washington. This requirement may be waived for simple small scale projects where little or no landscaping is required.
C. Plan Requirements. Landscaping plans shall be drawn to scale and include the information specified below.
1. The location of property boundaries, easements, and streets located on, or adjoining the development site;
2. The location and dimensions of all existing and proposed structures and site improvements such as buildings, parking areas, utilities, stormwater improvements, trash enclosures, and low impact development features;
3. The location and dimensions of all existing and proposed landscaping areas, buffers strips, fences, walls, and retaining walls;
4. The location, species, and approximate size of all proposed landscape plantings and trees;
5. Identify and describe all non-plant landscaping materials such as gravel, stones, bark, mulch, fountains, and ponds;
6. Tables demonstrating compliance with the minimum area and planting ratios specified in this chapter;
7. Irrigation plans or drought-tolerating planting documentation;
8. The location of any existing significant trees and information on their protection and retention;
9. Planting information describing the mature size of plants and trees, the size of plants or trees at installation, and information on the coverage or spread of ground cover plantings;
10. Instructions regarding planting methods, watering, or soil amendments necessary to ensure the landscaping is adequately established and survives;
11. Plans for the removal of any noxious weeds or invasive species;
12. Any other information deemed necessary by the community development director for purposes of demonstrating compliance with this chapter or any other provision of the Burlington Municipal Code.
D. Review Process. Landscaping plans shall generally be reviewed in conjunction with the associated land use permit. Where no land use permit is required the landscaping plan shall be reviewed in conjunction with the underlying building or development permit. If no permit is required the landscaping plan shall be processed as a Type I permit review in accordance with the requirements of BMC Title 14A. (Ord. 1933 § 1 (Exh. A), 2023).
17.81.060 General requirements.
A. Landscaping Materials.
1. Plants and trees shall be adapted to the local climate and soil conditions;
2. At least 50 percent of all plants and trees shall be native to the Puget Lowland region of the Pacific Northwest and at least 25 percent of all required trees shall be coniferous evergreens;
3. No artificial lawn or plants shall be permitted in landscaped areas or used to satisfy the requirements of this chapter;
4. Bark, mulch, gravel, river-rock, and other nonvegetative material may only be used in conjunction with landscaping to assist with the health and growth of plants and trees. Nonvegetative material shall not be used as a substitute for vegetative ground cover or otherwise used to satisfy the requirements of this chapter. Under no circumstances shall nonvegetative material appear to dominate over plant material;
5. Species identified as noxious weeds or invasive species by the Washington State Noxious Weed Control Board or other applicable authority are prohibited and shall not be planted anywhere in the city of Burlington. When landscaping is required all existing noxious weeds or invasive species shall be removed from the site and properly disposed of;
6. Species should include a variety of seasonal colors, forms, and textures that contrast or complement each other and a mixture of evergreen and deciduous trees, shrubs, ground cover, and low-maintenance perennials. Preference should be given to species that can be maintained in their natural form without significant pruning or care;
7. Species shall be selected, planted, and maintained to avoid conflicts with, or damage to, streets, sidewalks, paths, above or below ground utilities, and other similar improvements. When trees are planted within 10 feet of a sidewalk, pedestrian path, or street root barriers shall be provided. Tree wells shall have sufficient depth and dimensions to promote healthy root development and avoid damage to adjacent improvements. At a minimum, trees shall be planted in a hole that measures at least three times the diameter of the tree’s root-ball.
B. Minimum Landscape Material Specifications. The following specifications shall apply to the plants, trees, fences, walls, and other landscaping materials required by this section.
1. Deciduous trees shall have a clear trunk at least five feet above the ground and a minimum caliper of at least two inches at the time of planting;
2. Evergreen trees shall have a minimum height of six feet at the time of planting;
3. Vine maples and other multi-stemmed trees shall have a minimum height of seven feet at the time of planting;
4. Small shrubs shall have a minimum height of 12 inches with a one-gallon pot or ball-and-burlap at the time of planting. Small shrubs have a mature height of three feet or less;
5. Medium shrubs shall have a minimum height of two feet with a three-gallon pot or ball-and-burlap at the time of planting. Medium shrubs have a mature height of more than three feet but less than six feet;
6. Large shrubs shall have a minimum height of more than two feet with a five-gallon pot or ball-and-burlap at the time of planting. Large shrubs have a mature height of six feet or more;
7. Ground cover shall be provided using grass sod, or spreading ground cover in four-inch pots planted at intervals of nine inches or less, or one-gallon pots planted at intervals of 18 inches or less. In all cases ground cover plantings shall be sufficient to achieve a uniform spread and 80 percent cover of the planting area within two years of installation;
8. Solid site-obscuring fences shall be constructed of wood and painted or stained a dark natural color. Chain link (cyclone) fencing may also be used provided it is treated with a dark, natural colored coating (such as black or green) and matching privacy slats are used. Other materials may be authorized provided they are consistent with the objective of creating a solid site-obscuring fence that is visually inconspicuous, blends in with surrounding vegetation, and complements the architecture of surrounding buildings and developments.
C. Minimum Area Requirements. The following requirements specify the minimum percentage of the gross site area which must be landscaped:
|
Zoning Classification |
Required Percentage of Gross Site Area |
|---|---|
|
Residential (RD and RA) |
15 |
|
Mixed Use Residential (MUR-1 and MUR-2) |
15 |
|
Mixed Use Commercial (MUC-1 and MUC-2) |
15 |
|
Public Facilities and Transportation (PFT-1) |
15 |
|
Public Facilities and Transportation (PFT-2) |
10 |
|
Commercial Industrial (CI-1 and CI-2) |
10 |
1. Downtown. For sites located in the downtown priority development area with frontage on Fairhaven Avenue the minimum gross site area requirement may be reduced to five percent as minimally necessary to accommodate buildings, walkways, parking, or service areas provided all remaining portions of the site are fully landscaped.
2. Utilities and Transportation. The minimum gross site area requirements identified above shall not apply to street rights-of-way or other similar linear transportation improvements located in the PFT zone. Utility lines, substations, and pump stations shall also be exempt from the gross site area requirements provided all other applicable requirements of this chapter, such as screening, buffers, and perimeter landscaping, are met.
D. Irrigation. All new landscaping shall either utilize a drought-tolerant landscaping plan, an automatic irrigation system, or an approved alternative irrigation system as follows:
1. Automatic Irrigation Systems. Except as explicitly authorized by this section an automatic irrigation system shall be provided. The irrigation system shall provide sufficient coverage to irrigate all of the required landscaping areas. Irrigation system plans and specifications shall be included in the landscaping plans required by this chapter.
2. Drought-Tolerant Landscaping Plans. A drought-tolerant landscaping plan may be used as an alternative to an automatic irrigation system. When a drought-tolerant landscaping plan is proposed the landscape architect shall provide a written statement documenting that the landscaping can be expected to survive in the absence of regular watering. The landscape architect shall also document that suitable drought-tolerant species have been prescribed and identify any planting methods, soil amendments, or temporary irrigation measures necessary to ensure the landscaping is fully established and self-sustaining. Drought-tolerant landscaping plans must be prepared by a licensed landscape architect.
3. Alternative Irrigation Methods. For simple small scale projects with minimal landscaping requirements, the community development director may authorize the use of hand watering to meet the irrigation requirements of this chapter. In such cases hose bibs shall be provided within 50 feet of all required landscaping areas.
E. Stormwater Management.
1. Stormwater facilities and low impact development (LID) features landscaped in accordance with the requirements of this chapter may be used to meet any applicable landscaping requirements.
2. To the greatest extent possible the planting areas required by this chapter shall be used as stormwater infiltration areas or LID features.
3. Low impact development features and planting areas used to manage stormwater shall 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 the Puget Sound.”
4. When trees or plants will be located within, or adjacent to, an infiltration area or LID feature the landscape architect shall submit evidence that they have coordinated with the engineer responsible for the on-site stormwater management system. Based on information provided by the stormwater engineer the landscape architect shall:
a. Specify tree and plant species suitable for the hydrologic and soil conditions anticipated in the planning area; and
b. Specify tree and plant species that will not detrimentally affect the ability of the planting area to manage stormwater.
5. Landscaping plans shall identify areas of the site with suitable soils for stormwater infiltration and LID features.
6. Above ground stormwater improvements, such as swales, ponds, or ditches, shall be sloped, graded, or otherwise designed to avoid the need for protective fencing and to give the appearance of a natural landscape feature. Above ground stormwater improvements shall be landscaped with appropriate plant and tree species.
7. All stormwater management measures and LID features shall be consistent with the requirements of BMC Title 14. (Ord. 1933 § 1 (Exh. A), 2023).
17.81.070 Street frontage landscaping.
The following requirements shall apply to all portions of a site abutting a public or private street:
A. Minimum Width. A landscaping strip with a minimum width of 10 feet shall be provided along all public and private streets.
B. Planting Requirements.
1. Street trees shall be provided at intervals of 30 feet on center except as minimally necessary to accommodate obstructions such as traffic control signs, bus stops, utilities, required sight lines, and driveways. In such cases additional trees shall be provided in groups in order to achieve an overall ratio of one tree for every 30 feet of street frontage. When a dominant pattern of street trees is present along nearby street frontages the same species shall be used. Where no dominant pattern is present trees shall be selected using the city’s street tree selection guide. When street trees are provided in a planting or buffer strip in a public right-of-way, trees may be selected for the frontage strip that complement or contrast with the street trees and may be grouped together provided at least one tree is provided for every 30 feet of street frontage.
2. A mixture of small, medium, and large shrubs shall be provided at a rate of one shrub for every four feet of street frontage.
3. Ground cover shall be provided in all areas not occupied by trees or shrubs consistent with the requirements of this chapter (BMC 17.81.060(B)(7)).
C. Exceptions.
1. Sidewalks and pedestrian paths may cross a street frontage landscaping strip;
2. Driveways may cross a street frontage landscaping strip;
3. Signs that fully comply with city’s sign code (chapter 17.95 BMC) may be located within a street frontage landscaping strip;
4. Building awnings, balconies, bay windows and other similar architectural features located at the top of, or above, the first story of a building may extend over a street frontage landscaping strip;
5. Downtown. A street frontage landscaping strip shall not be required in areas of the downtown growth area where buildings are required to be located at the edge of the right-of-way, or where a maximum setback applies that is less than 10 feet. In such cases street trees shall be provided in tree wells or curb bulb-outs approved by the city’s public works department and any remaining area between the building line and the sidewalk shall be fully landscaped.
D. Planting Strips. When a planting or buffer strip is provided in the public right-of-way street trees shall be provided. Street tree spacing and species selection shall be consistent with the requirements of subsection (B) of this section. (Ord. 1933 § 1 (Exh. A), 2023).
17.81.080 Perimeter landscaping.
A. Minimum width: five feet.
B. Planting Requirements.
1. Trees shall be planted at a ratio of one tree for every 30 feet of perimeter landscaping area. A mixture of evergreen and deciduous trees shall be used and no more than 60 percent of the required trees may be deciduous;
2. Medium sized shrubs shall be planted in triangulated rows at intervals of 24 inches or less.
3. Ground cover shall be provided in all areas not occupied by trees or shrubs consistent with the requirements of this chapter (BMC 17.81.060(B)(7)).
C. Exceptions.
1. Areas occupied by buildings where no building setback or screening is required;
2. Sidewalks and pedestrian paths may cross a perimeter landscaping strip;
3. Driveways may cross a street frontage landscaping strip. (Ord. 1933 § 1 (Exh. A), 2023).
17.81.090 Parking lot landscaping.
The purpose of this section is to mitigate the negative impacts associated with parking areas by providing shade, interrupting and infiltrating precipitation, providing trees to interrupt wind gusts, and blocking glare from headlights.
A. Applicability. This section applies to off-street parking area that contains 20 or more parking spaces.
B. Minimum Area. At least 15 square feet of landscaping shall be provided for each interior parking space. An interior parking space is a parking space not abutting a building or the perimeter of a site.
C. Configuration of Parking Lot Landscaping. Parking lot landscaping shall be located at the ends of parking columns, between parking stalls, or between rows of parking. Planting islands shall have a minimum area of 65 square feet.
D. Planting Requirements.
1. Trees. One tree shall be provided for every six parking spaces.
2. Shrubs. Small or medium shrubs shall be provided. If small shrubs are used, they shall be planted at intervals of 18 inches on center or less. If large shrubs are used they shall be planted at intervals of 24 inches on center or less.
3. Ground cover. Ground cover shall be provided in all areas not occupied by trees or shrubs consistent with the requirements of this chapter (BMC 17.81.060(B)(7)).
4. Landscape Protection. Curbs or wheel stops shall be used to prevent vehicles from damaging parking lot landscaping. (Ord. 1933 § 1 (Exh. A), 2023).
17.81.110 Buffers and screening.
Certain uses, such as residential developments, can be negatively impacted when located adjacent to incompatible uses, such as industrial sites, due to negative environmental impacts such as noise, glare, and dust. Landscaped buffers and screening can be used to mitigate these impacts, soften the visual transition between developments located in different zoning classifications, and to prevent conflicts between incompatible uses. Landscape screening can also be used to establish visual boundaries or screen certain site improvements such as mechanical equipment, trash enclosures, storage yards, or service areas. The purpose of this section is to identify and prescribe an appropriate range of buffer and screening methods.
A. The purpose of this section is to accomplish the following:
1. Establish a buffer between incompatible developments located on adjacent sites with different zoning classifications;
2. Screen or conceal service areas, trash enclosures, mechanical equipment, storage yards, and other similar site improvements;
3. Establish a visual transition between streets and adjoining parking areas or drive aisles;
4. Minimize the environmental impacts associated with freeway and railroad corridors, including light, noise, and air quality impacts;
5. Prevent conflicts between urban development and rural resource activities such as agricultural uses;
6. Provide any screening or buffers required as mitigation through a conditional use permit process.
B. Standard Buffer and Screening Types. This section identifies the standard buffer or screening methods referenced in the Burlington Municipal Code. When a given buffer type or screening method is required by the Burlington Municipal Code it shall be consistent with the specifications identified in this section. These requirements shall be regarded as minimum standards. Additional screening or buffer requirements may apply to specific uses, developments, or site improvements.
1. Type I – General Screening. General screening is intended to obscure trash enclosures, mechanical equipment, outdoor storage and other similar features.
a. Minimum Width. The minimum buffer width shall be five feet.
b. Physical Screening. A solid sight-obscuring fence or wall with a minimum height of six feet shall be provided.
c. Shrubs. A combination of small and medium shrubs shall be provided. A minimum of one medium shrub and one small shrub shall be provided for every four feet of buffer.
d. Ground cover shall be provided for all areas not occupied by shrubs.
e. Exceptions. The landscaped buffer required by this section is not required in areas where a gate, driveway, or path is present.
2. Type II – Low Wall or Earth Berm. This buffer type is used for screening parking lots, drive-through lanes, drive aisles and other similar features located adjacent to streets. Type II buffers must include both physical screening and landscaping. Physical screening shall be provided using either a low wall, raised planter, or an earth berm as described below.
a. Minimum Width. The minimum buffer width shall be 10 feet.
b. Low Wall. If a low wall is used to provide physical screening it shall be constructed of masonry or concrete, and shall have a minimum height of three feet. If the wall is adjacent to a street it shall be set back at least five feet from the right-of-way.
c. Raised Planter. If a raised planter is used to provide physical screening it shall be constructed of masonry or concrete, shall have a minimum height of three feet, and a minimum width of four feet. If the raised planter is adjacent to a street it shall be set back at least five feet from the right-of-way. The planter shall be completely landscaped.
d. Earth Berm. Earth berms shall have a minimum height of two feet, a maximum slope of 33 percent (one foot of vertical height for every three feet of horizontal distance). The crest of the berm shall be planted with a row of small shrubs planted at intervals of two feet or less on center to form a dense opaque buffer. The shrubs required by this provision shall be evergreen species and may be used to meet the landscaping requirement in subsection (B)(2)(e) of this section.
e. Landscaping. Type II buffers shall be planted with a mixture of small and medium sized shrubs at a ratio of one shrub for every four feet of buffer area. Ground cover shall be provided for all areas not occupied by shrubs. At least 75 percent of the required shrubs shall be evergreen varieties.
3. Type III – Separation Buffer. This buffer type is intended to separate more intensive uses from less intensive uses in situations where the anticipated impacts are largely aesthetic. A type III buffer combines a solid sight-obscuring fence or wall with evergreen trees and shrubs to create a year-round visual screen.
a. Minimum Width. The minimum buffer width shall be 10 feet.
b. Physical Screening. A solid sight-obscuring fence or wall at least six feet in height shall be provided.
c. Landscaping. In addition to any normally required perimeter landscaping evergreen trees shall be provided at intervals of 15 feet or less. The trees required by this provision may be used to meet normally applicable tree planting requirements for perimeter landscaping.
4. Type IV – High Intensity Buffer. This buffer type is intended to separate high intensity uses with potentially significant light, noise, glare, and dust impacts from less intensive uses. For example, a high intensity buffer would be appropriate for separating an industrial site from a residentially zoned parcel. High intensity buffers must employ a solid site obscuring fence or wall and a dense opaque band of evergreen vegetation. In order to provide adequate acoustic separation, type IV buffers that provide physical screening with a fence, as opposed to a masonry wall, must provide an additional 10 feet of landscaped area.
a. Minimum Width. If a masonry wall is used the required buffer width shall be 15 feet. If a fence is used the required buffer width shall be 25 feet.
b. Physical Screening. Type IV buffers must include a solid sight-obscuring fence or wall with a minimum height of six feet.
c. Landscaping. In addition to any normally required perimeter landscaping triangulated rows of evergreen trees shall be provided at intervals of 15 feet. A minimum of one large shrub for every four feet of buffer area must be provided, 75 percent of which must be evergreen varieties. The trees required by this provision may be used to meet normally applicable tree planting requirements for perimeter landscaping.
C. Incompatible Uses.
|
Zone Where Development Is Proposed |
Adjacent Zoning Designation or Area and Required Buffer Type1 |
|||||
|---|---|---|---|---|---|---|
|
|
RD and RA-1 |
RA-2 and MUR |
MUC and PFT-1 |
CI and PFT-2 |
Resource Zones |
Freeway or Railroad ROW |
|
RD and RA-1 |
N/A |
None |
None |
None |
Type IV |
Type IV |
|
RA-2 and MUR |
Type III |
N/A |
None |
None |
Type IV |
Type IV |
|
MUC and PFT-1 |
Type III |
Type III |
None |
None |
Type IV |
Type III |
|
CI and PFT-2 |
Type IV |
Type IV |
Type III |
None |
Type IV |
None |
|
Resource Zones |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
|
Freeway or Railroad ROW |
Type IV2 |
Type IV2 |
Type IV2 |
Type IV2 |
N/A |
N/A |
(1) An adjacent property is one that directly abuts the property on which development is occurring. Properties separated by a street or railroad right-of-way shall not be considered adjacent and no buffer shall be required.
(2) Applies only to freeway projects involving ROW acquisition, widening, or major construction.
(Ord. 1933 § 1 (Exh. A), 2023).
17.81.120 Landscaping maintenance and tree retention.
The following requirements shall apply to all uses and developments except for landscaping or yards associated with individual residences or dwellings:
A. General Requirements.
1. Dead and dying vegetation shall be promptly removed and replaced. Trees and plants shall be replaced with the same species unless an alternative replacement with similar characteristics is approved by the community development director.
2. Vegetation shall be kept trimmed as necessary to avoid obstructing sidewalks, paths, streets, parking areas, or driveways.
3. Noxious weeds and invasive species shall be removed and properly disposed of.
4. Exposed soils shall be avoided. When erosion is observed corrective actions shall be taken immediately. Corrective actions may include providing additional ground cover or shrubs, mulch or other similar material. In cases of significant erosion it may be appropriate to regrade the area to reduce the steepness of the slope.
5. Landscaping areas required by this chapter shall not be used for parking, storage, or display. Under no circumstances shall vehicles be parked in landscaping areas or buffers.
B. Pruning and Tree Protection. Excessive pruning and tree topping is prohibited except as authorized by this chapter. The following requirements shall apply to any trees planted to satisfy the requirements of this chapter and to existing significant trees:
1. Trees should be pruned in a manner that allows them to attain their full natural height and shall not be topped except as minimally necessary to prevent damage to buildings or utilities;
2. All pruning work should comply with ANSI A300 (Part 1 – 2017), “Tree, Shrub and Other Woody Plant Management – Standard Practices, to maintain long term health” unless alternative methods are specified by an arborist;
3. When trees and shrubs are required for screening or buffering, or for the purpose of creating a visually opaque hedge, pruning shall maintain the visual opaqueness of the screen, buffer, or hedge.
C. Significant Trees.
1. This section shall apply to all significant trees except as follows:
a. Trees located within a public street right-of-way when the work is performed by, or at the direction of, the city consistent with chapter 12.20 BMC;
b. Removal, pruning or modification as minimally necessary to prevent damage to overhead or below ground utilities when the work is performed by, or at the direction of, a public or private utility;
c. Trees located within the boundaries of an existing landscaped yard associated with an individual dwelling, except for redevelopment projects;
d. The construction of a single detached dwelling, duplex, or small multiunit building and residential land divisions involving the creation of four lots or less.
2. Definition. A significant tree is any tree that is at least six inches in diameter at breast height (DBH). A tree growing with multiple stems shall be considered a significant tree if any one of the stems, when measured at a point six inches from the joint with the main trunk, is at least four inches in diameter. The following species shall not be considered significant trees regardless of size:
a. Black locust (Robinia pseudoacacia);
b. Cottonwood (Populous freemontii);
c. Native alder (Native Alnus only);
d. Native willow (Native Salix only);
e. Lombardy poplar (Populous nigra).
3. Retention. Significant trees shall be incorporated into the project design and site layout whenever possible and may only be removed under the following circumstances:
a. When absolutely necessary to accommodate a proposed development and where no feasible option exists for incorporating the tree into the overall site layout;
b. Hazard Trees and Nuisance Trees. Hazard and nuisance trees may be removed with city authorization. In such cases an arborist’s report may be required to document the nature and extent of the hazard or nuisance and to demonstrate that no feasible alternative to removal exists.
4. Significant trees shall be protected during construction or development unless removal is authorized pursuant to this chapter. Temporary construction fencing shall be placed around the tree and no equipment, chemicals, soil deposits or construction materials may be placed within the barrier. When a landscaping plan is required all significant trees shall be identified and a protection plan shall be included. For all projects the department may specify any measures necessary to ensure the protection of significant trees and may require that an arborist prepare the tree protection plan.
5. Approval Required. Significant trees shall not be removed without prior authorization from the department. An arborist’s report, site plan, or other documentation may be required in order to demonstrate compliance with the requirements of this section. In emergency situations where an immediate threat to human life or property exists hazard trees may be removed without city authorization provided the department is notified the next business day. In the event of a natural disaster, such as a flood or windstorm, the department shall be authorized to temporarily suspend all approval and notification requirements.
6. Replacement. When significant trees are removed replacement trees shall be provided in accordance with the following provisions:
a. Significant trees shall be replaced at the following rates:
|
Diameter (DBH) Tree Removed |
Number of Required Replacement Trees |
|---|---|
|
6" – 18" |
2 |
|
> 18" |
4 |
b. All deciduous replacement trees shall be a minimum of two and one-half inches in diameter and coniferous evergreens shall be at least eight feet in height.
c. Replacement trees shall be planted on the same site where the tree removal occurred; provided, that in unique circumstances where on-site replacement is not feasible off-site replacement may be authorized. When off-site replacement is authorized replacement trees shall be planted in a publicly owned park, open space area or conservation easement within the city of Burlington.
d. A planting plan, prepared by an arborist or landscape architect, shall be provided specifying any requirements necessary to ensure the replacement trees become fully established and self-sustaining, such as planting instructions, staking, temporary watering, or mulching.
e. Replacement is not required for diseased or hazardous trees except in cases where the damage or disease is due to intentional actions.
7. Except when explicitly authorized by this chapter the excessive pruning, topping, or deliberate damage of significant trees shall be prohibited, including any action that results in a loss of more than 20 percent of the tree’s root system, the removal of more than 50 percent of the live crown of the tree, or any other action that significantly alters the tree’s growth potential. Such actions constitute “removal” and will be considered a violation of this chapter.
8. Violations. In addition to any other applicable fines, penalties, or enforcement provisions, a replanting plan and replacement trees shall be provided for the unauthorized removal of a significant tree. (Ord. 1933 § 1 (Exh. A), 2023).