Chapter 22.62
LANDSCAPING REGULATIONS
Sections:
22.62.002 Chapter application.
22.62.003 Tree policy statement.
22.62.004 General landscaping requirements.
22.62.005 Public right-of-way landscaping requirements.
22.62.007 Impervious surface landscaping requirements.
22.62.009 Retention and protection of significant trees.
22.62.010 Landscaping plan requirements.
22.62.012 Landscape installation.
22.62.013 Performance guarantee.
22.62.014 Landscape maintenance.
22.62.015 Substitution of plant materials.
22.62.001 Purpose.
The purpose of this chapter is to establish minimum requirements and standards for landscaping and screening to preserve the aesthetic character of the community, improve the aesthetic quality of the built environment, promote retention and protection of existing vegetation, reduce the impacts of development on storm drainage systems and natural habitats, and increase privacy for residential zones, by:
(a) Providing visual relief from large expanses of parking areas and perceived building scales.
(b) Providing physical separation between residential and nonresidential areas.
(c) Providing visual screens and barriers as a transition between differing land uses.
(d) Retaining existing vegetation and significant trees by incorporating them into site designs.
(e) Providing increased areas of permeable surfaces to allow for:
(1) Infiltration of surface water into ground water resources;
(2) Reduction in the quantity of stormwater discharge; and
(3) Improvement in the quality of stormwater discharge. (Ord. 1246 § 17, 2000).
22.62.002 Chapter application.
The following types of buildings, developments and facilities shall comply with the requirements of this chapter when constructed, platted or otherwise established subsequent to the effective date of this chapter:
(a) All new mixed use, commercial, industrial, institutional, public, quasi-public, duplex residential, cottage housing and multifamily residential buildings and developments.
(b) Expanded mixed use, commercial, industrial, institutional, public, quasi-public, duplex residential, cottage housing and multifamily residential buildings and developments when the expansion exceeds 1,000 square feet of gross floor area or 20 percent of the gross floor area existing on the effective date of this chapter.
(c) Residential planned developments, small lot developments, short plats and subdivisions of five or more lots, and the residential buildings constructed within these developments.
(d) Single-family residential development on lots of record existing as of the effective date of the ordinance codified in this section, subject only to the provisions in FMC 22.62.009 regarding the retention and protection of significant trees.
(e) All new parking, loading and circulation facilities, including new parking spaces added to an existing facility.
(f) The director may waive all or portions of the additional landscaping requirement for an existing development or use. The applicant shall make a written request for waiver and indicate the reasons for not being able to comply with the requirements of this chapter. A waiver shall only be issued for that portion of the required landscaping which will create a significant spatial hardship based on the physical characteristics of the existing development. (Ord. 1562 § 48, 2015; Ord. 1487 § 1, 2009; Ord. 1283 § 1, 2001; Ord. 1246 § 17, 2000).
22.62.003 Tree policy statement.
(a) The planning commission and city council find that:
(1) Trees are proven producers of oxygen, a necessary element for human survival.
(2) Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and transpire considerable amounts of water each day, thereby playing a vital role in purifying the air.
(3) Trees have an important role in neutralizing waste water passing through the ground from the surface to ground water tables and lower aquifers.
(4) Trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control, and flood control.
(5) During the past several decades, the percentage of tree canopy cover in the Puget Sound region has declined dramatically as a result of urban growth and other human activities.
(6) Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments of the land, particularly streets and parking areas. As such, trees have an important impact on the desirability of land and therefore on property values.
(b) Based on the policy statement in subsection (a) of this section, the planning commission and city council declare that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the city’s planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this chapter, to require the planting of new trees in certain types of developments. (Ord. 1246 § 17, 2000).
22.62.004 General landscaping requirements.
In addition to the more specific requirements elsewhere in this chapter, the following general requirements shall be met by all developments subject to this chapter:
(a) Undeveloped Areas. Undeveloped areas of a lot which are not required to be landscaped by other requirements of this chapter shall be planted with groundcover to minimize erosion and sedimentation and the release of dust and other particulates. Groundcover may consist of planted or existing vegetation maintained so as not to exceed one foot in height.
(b) Groundcover. Groundcover shall be planted and maintained within all required landscaping areas. For commercial and industrial developments, groundcover shall consist of plantings that will achieve complete coverage within three years. Generally, groundcover in four-inch pots shall be planted on 18-inch triangular centers, and groundcover in one-gallon or greater sized containers shall be planted on 24-inch triangular centers, in order to assure complete coverage. Sizing and spacing may be adjusted to reflect the growth habits of specific groundcovers, provided the planting schedule will achieve full coverage. Groundcover is not required within the dripline of any shrub or evergreen tree and within a two-foot radius of a deciduous tree trunk. Additionally, groundcover may be excluded from the area under shrubs or trees with a spacing of two feet or less. The spacing shall be measured from the dripline of shrubs and evergreen trees and from a two-foot radius from a deciduous tree trunk.
(c) Turf. Turf lawn may be used as groundcover but should be limited to no more than 30 percent of landscaped areas in commercial and industrial developments, and no more than 50 percent in planned residential developments and subdivisions, in order to conserve water and encourage the use of alternative groundcovers which are drought tolerant or which provide wildlife habitat or cover. Generally, in order to maximize the efficiency of irrigation systems, turf should not be used in areas less than five feet in width or depth, or on slopes exceeding a three-to-one ratio (horizontal to vertical).
(d) Soil Amendments. Existing soils should be augmented with a two-inch layer of fully composted organic material rototilled a minimum of six inches deep. Landscape areas shall be covered with at least two inches of mulch to minimize evaporation and reduce maintenance. Mulch shall consist of materials such as yard waste, sawdust and/or manure that is fully composted. Generally, bark mulch, gravel or other similar nonvegetative material should only be used to assist vegetative growth and maintenance within landscaping areas. Nonvegetative material should not be a substitute for, or interfere with, required vegetative groundcover. The director may approve alternative specifications for soil amendments if a licensed landscape architect, Washington certified nurseryman, or Washington certified landscape contractor certifies that based on site-specific conditions, alternative specifications will achieve the same or greater benefit.
(e) Native Plants. New landscaping materials shall include species native to the coastal region of the Pacific Northwest or noninvasive naturalized species that have adapted to the climatic conditions of the region. Generally, at least 25 percent of the area to be landscaped shall be planted with species native to the coastal region of the Pacific Northwest. The mix of native plants shall include trees, shrubs and groundcovers. Because some native plants have limited seasonal availability, the applicant or landscape professional responsible for preparing the landscaping plan required in FMC 22.62.010 should determine availability prior to plan submittal. The applicant or landscape professional responsible for installing the plants shall ensure that the plants specified in the approved plan will be secured for timely planting.
(f) Slopes in Landscaping Area. Generally, slopes within landscaping areas should not exceed a two-to-one ratio (horizontal to vertical) in order to decrease erosion potential, maximize irrigation efficiency, and to facilitate maintenance.
(g) Clear Line of Sight. Landscaping shall be designed, planted and maintained in a manner that ensures pedestrian, bicycle and vehicular safety. Shrubs and groundcover within and adjacent to parking lots and circulation areas shall not exceed 36 inches in height when necessary to provide for a clear line of sight for vehicular drivers. The shrub and groundcover height shall be measured from adjacent parking or circulation pavement surface.
(h) Safety Equipment. Landscaping around fire and safety equipment such as fire hydrants shall be designed, planted and maintained in a manner that ensures adequate access and use. Groundcover around fire and safety equipment shall be of a nonclimbing variety.
(i) Tree Maintenance. Trees shall be cared for in accordance with the American National Standards Institute’s (ANSI) Standard Practices for Trees, Shrubs, and Other Woody Plant Maintenance (ANSI A300) in order to allow them to reach their mature height and form. Tree topping by a public utility to preserve essential services is permitted. However, tree topping unrelated to the preservation of essential services shall not be performed without prior approval of the director. The director may require a written opinion from a professional landscape architect or arborist regarding the necessity of tree topping prior to granting approval.
(j) Tree Thinning. The number of trees planted in accordance with a city-approved landscaping plan may be reduced by thinning in order to enhance the health of the existing trees. The thinning shall not reduce the overall intent of the required landscaping. Tree thinning of required landscaping shall not be allowed without prior approval of the director and shall be in accordance with the ANSI A300 standards. The director may require written opinion from a professional landscape architect or arborist regarding the necessity of tree thinning prior to granting approval.
(k) Calculations/Measurements. All calculations and measurements within this chapter shall be rounded to the nearest whole number with greater than or equal to one-half being rounded up. Caliper size for new trees shall be measured at six inches above soil level. Mature trees shall be measured at four feet six inches above ground (DBH).
(l) Single-Family Infill Lots – Applicability and Intent. The intent is to ensure that newly developed single-family infill lots are landscaped so that yards visible from the abutting street(s) will have a finished appearance and will not have the appearance of a construction site after the building has been completed and finalized by the city. At a minimum, a finished appearance shall consist of turf with foundation plantings and/or perimeter plantings. (Ord. 1562 § 49, 2015; Ord. 1487 § 2, 2009; Ord. 1283 § 2, 2001; Ord. 1246 § 17, 2000).
22.62.005 Public right-of-way landscaping requirements.
All public rights-of-way adjacent to a lot shall be landscaped in accordance with the requirements of this chapter. It shall be the responsibility of the adjoining property owner to install and maintain the right-of-way landscaping to city standards. Street trees shall be installed in accordance with FMC 22.62.006. Walls and fences shall not be incorporated into the right-of-way landscaping unless a right-of-way encroachment permit is approved by the public works department in accordance with FMC 22.58.004(h). The portion of a right-of-way that is not devoted to street, driveway or sidewalk pavement shall not be covered with impervious material or used for vehicle parking or storage in order to protect the street tree root zone. At the request of the city, the adjoining property owner may be required to remove right-of-way landscaping based on transportation, safety or utility requirements. Failure on the part of adjoining property owner to respond to a removal request may cause the city to remove the landscaping and assess the adjoining property owner the costs of the removal. (Ord. 1512 § 5, 2011; Ord. 1246 § 17, 2000).
22.62.006 Street trees.
Trees shall be planted along both sides of all newly created, widened, or substantially improved public and private streets, and along public and private street frontages located within or adjacent to a commercial, industrial, institutional, public, quasi-public, or duplex or multifamily residential development, constructed after the effective date of this chapter, in accordance with the following standards:
(a) Spacing of street trees, on average, shall be 30 feet on center. For trees which have an exceptionally broad canopy form, the director may allow spacing greater than 30 feet on center. For trees which have a narrow canopy form, the director may require spacing of less than 30 feet on center. Generally, trees should be planted at least 10 feet from utility or light poles or fire hydrants, 20 feet from street corners, and 10 feet from driveways. The director may authorize irregular spacing to accommodate sight distance requirements for driveways or intersections or to avoid public infrastructure such as street lighting, utility poles or fire hydrants.
(b) Street trees shall be deciduous and have a caliper of at least one and three-quarters inches at the time of planting. The caliper of the street trees within a development may be averaged to meet the one and three-quarter-inch standard; provided, that no individual tree shall have a caliper of less than one and one-half inches.
(c) Street trees shall be high-branching with a canopy that starts at least six feet above finished grade, and have roots which will not break up sidewalks or roadbeds or invade utility lines. For areas without overhead power lines, tree types shall be planted which will achieve a minimum height of 30 feet at maturity.
(d) Street tree types shall be selected in accordance with the suggested plant list contained in Chapter 22.64 FMC. Tree types and locations shall take into consideration lighting requirements for streets, parking, and pedestrian circulation areas, and signage requirements. The tree type shall not bear fruit or release sticky substances.
(e) Where feasible, street trees shall be planted in the planter strip between the curb and sidewalk. If the sidewalk is located abutting the curb, street trees shall be planted within tree wells installed in the sidewalk and covered by grates; provided, that a minimum unobstructed sidewalk width of five feet is maintained and irrigation is provided to each tree. If insufficient space exists to maintain an unobstructed sidewalk width of five feet, or the planter strip is less than five feet in width, the street trees shall be planted behind the sidewalk at a distance not greater than 10 feet from the sidewalk. The director may require root deflectors or impose other planting specifications, if recommended by a professional landscape architect or arborist.
(f) Street trees shall be maintained by the adjacent property owner unless they are maintained by a homeowners’ association, condominium owners’ association, or similar association, or are part of a city maintenance program.
(g) Pruning of street trees shall be performed per the ANSI A300 standards so as to maintain the natural form of the tree, encourage vigorous growth to a mature spread and height, and avoid weakening the tree to create a hazard. Street trees shall not be topped, pollarded, or otherwise pruned in a manner contrary to these goals, unless there is no practicable alternative that would preserve essential utility services. (Ord. 1246 § 17, 2000).
22.62.007 Impervious surface landscaping requirements.
The intent of this section is to break up and reduce the barren appearance of parking, circulation, loading, storage and other large impervious surface areas of a site. To the greatest extent practicable, landscaped areas shall be dispersed throughout the impervious surface area.
(a) Row Requirement. The maximum number of consecutive vehicle parking or sales display spaces without an intervening island or peninsula is 10, unless the row fronts on a landscaping area with a minimum planting width of eight feet. For such rows, the maximum consecutive parking spaces without an intervening island or peninsula is 20 spaces. A landscaping island or peninsula is required at the end of each row of four or more automobile parking spaces which terminates within a parking or circulation area.
(b) Island/Peninsula Requirement. Landscape islands and peninsulas shall have a minimum planting width and length of eight feet and minimum planting area of 120 square feet. There shall be at least one tree planted on every island and peninsula.
(c) Planting Type and Density. The following landscaping is the minimum required for each 300 square feet of impervious surface landscaping: one two-inch caliper deciduous tree or one six-foot tall evergreen tree; five five-gallon shrubs; and groundcover. There shall be a minimum of one deciduous canopy tree per four parking spaces or vehicle storage or sales display spaces. Deciduous canopy trees shall be selected, installed and maintained in accordance with the street tree standards provided in FMC 22.62.006.
(d) Curb/Curb Edge. Planting areas shall be fully protected by curbs as a means of preventing injury to plants from pedestrian or vehicular traffic and to prevent landscaping material from entering the storm drainage system. No trees or shrubs shall be planted within two feet of a curb edge. Groundcover is required within this two-foot area. (Ord. 1311 § 33, 2002; Ord. 1246 § 17, 2000).
22.62.008 Buffers.
Buffers are intended to lessen the impacts between uses which are incompatible or somewhat incompatible. Buffers are also intended to provide a transition between zoning districts. The level of buffering required for a project shall be determined during the project permit review process. For certain projects, a very dense sight barrier or screen may be required. For other projects, a buffer which provides a visual separation of uses, rather than a full screen, may be deemed adequate. Any combination of trees, shrubs, fences, walls, earthen berms, and related plant materials or design features may be selected provided that the buffer design effectively mitigates the identified impact and is consistent with this chapter. (Ord. 1246 § 17, 2000).
22.62.009 Retention and protection of significant trees.
(a) Definition. Significant trees are healthy evergreen trees with a minimum 12-inch DBH and healthy deciduous trees with a minimum nine-inch DBH.
(b) Retention/Maintenance/Removal of Significant Trees. Significant trees which are located on vacant or underutilized property shall be retained on-site, properly maintained and, if necessary, removed, subject to the provisions of this chapter. For new development, site improvements shall be designed and constructed to retain existing significant trees to the extent practicable. The removal of damaged, diseased, hazardous or dead trees is exempt from the requirements of this section unless the trees are providing a wildlife benefit within a regulated critical area, critical area buffer, or other environmentally sensitive area or designated open space.
(1) Retention Standards.
(A) A minimum of 35 percent of significant trees on a site shall be retained. Alternatively, 35 percent of the total combined DBH of significant trees may be retained to meet the retention standard. For sites one acre or larger, 35 percent of the total tree canopy area on a site may be retained in lieu of retaining trees based on percentage of trees or combined DBH. Trees located within a critical area or its buffer are exempt from these provisions, as their retention is generally required pursuant to critical area regulations.
(B) For areas of a site with slopes ≥ 15 percent, the minimum retention percentage required in subsection (b)(1)(A) of this section is increased to 50 percent. The retention percentage for the entire site, however, remains 35 percent. The intent is to encourage relatively greater tree retention on steeper slopes and provide greater design flexibility for areas not encumbered by steeper slopes.
(2) Exemptions.
(A) For a new single-family dwelling on an existing lot of record, the removal of significant trees located within the proposed building and driveway footprints, and within 10 feet of these footprints, is exempt from the requirements of this section.
(B) The removal of damaged, diseased, hazardous or dead trees is exempt from the requirements of this section unless the trees are providing a wildlife benefit within a regulated critical area, critical area buffer, or other environmentally sensitive area or designated open space.
(c) Tree Retention Plans. On timbered property greater in size than one-half acre or other sites the city deems it necessary because of special circumstances or complexity, the city shall review the site and be involved in the following three phases of tree retention. The city may retain a consulting arborist to work on the city’s behalf. The cost of this work shall be reimbursed by the applicant prior to the issuance of any building permits or final approval, whichever is first required following the work done by the consulting arborist.
(1) Survey and Evaluation Phase.
(A) Individual Tree Survey. The applicant shall provide a survey of the locations of all trees and place them on the site plan. All trees located near future buildings, roads, common open space areas, and other activity areas shall be evaluated. The tree identification number, species, size, condition, vigor, structure, risk of failure, and maintenance recommendations shall be documented in the plan.
(B) Statistical Sampling. For large stands of trees proposed to be retained in their entirety or largely in their entirety, statistical sampling may be used to estimate the total tree DBH and total number of trees present. Sampling must be carried out by a professional forester based on standard methodologies. Statistical sampling may be used in these stands in lieu of individual tree survey.
(C) Tree Canopy. When calculating the amount of tree canopy on the site, the total canopy area must be based on the most recent aerial photograph available. The aerial photograph must be no more than five years old. Other data such as LiDAR may be used to help in calculating tree canopy as appropriate.
(2) Planning and Design Phase.
(A) Project Design. Project design shall take into account the tree survey and evaluation so as to minimize removal of significant trees providing the greatest ecological and aesthetic benefits. The applicant shall work with the city to help determine which trees can be preserved based on location, grade changes, and proposed uses and improvements.
(B) The critical root zone (CRZ) of all trees to be retained near clearing, grading, or other disturbances shall be shown on all site plan construction documents. Any grading, construction, or utility installation within the CRZ shall be called out on the plan. For development subject to the landscaping requirements of this chapter, no impervious surface shall be installed within the CRZ of a tree to be retained unless a professional landscape architect or arborist determines that the long-term health of the tree will not be significantly harmed. Required work within a CRZ shall be under the direction of the city or a city-approved arborist.
(C) The locations of tree protection barriers shall be shown on the clearing and grading plans. Tree protection barriers shall be shown along the edge of the CRZ or adjusted under the direction of the city or a city-approved arborist.
(3) Construction Phase.
(A) A preconstruction meeting is required before any clearing takes place. The city or a city-approved arborist may point out retained trees to the general contractor, review tree preservation guidelines, and answer questions regarding tree protection.
(B) The city or a city-approved arborist shall inspect and approve tree protection barriers prior to any work on the site, make adjustments where necessary, and discuss techniques to work within CRZs as needed.
(C) The city or a city-approved arborist shall establish a schedule to periodically monitor the tree retention plan based on the number of trees and difficulty of protecting trees during construction.
(D) When clearing and grading activities are completed, the applicant shall request an inspection. The city may require tree maintenance and remedial action to improve tree health and vigor.
(d) Landscaping Credit for Significant Tree Retention. Development subject to the landscaping requirements of this chapter may be given landscaping credit for retaining significant trees on site. The level of credit shall be determined by the director on a case-by-case basis, taking into account the level of screening or buffering, or the extent of canopy coverage, provided by the trees to be retained.
(e) Tree Replacement. When the required number of significant trees cannot be retained as determined at the sole discretion of the city, each significant tree removed shall be replaced with trees of a type similar to the tree being removed, unless the applicant requests an alternative type of tree (e.g., deciduous instead of evergreen) and the director determines that the alternative tree will provide a comparable or greater benefit to the community. The replacement ratio for the removal of significant trees which are not exempt from this chapter shall be as follows:
|
MINIMUM TREE REPLACEMENT RATIO |
|
|---|---|
|
Significant Tree |
Replacement Plantings |
|
Evergreen tree: 12 – 24 inches DBH |
One 10-foot tall tree or two trees between six and 10 feet tall |
|
Evergreen tree: > 24 inches DBH |
Two 10-foot tall trees or four trees between six and 10 feet tall |
|
Deciduous tree: nine to 15 inches DBH |
Two two-inch caliper trees, minimum eight feet tall |
|
Deciduous tree: > 15 inches DBH |
Four two-inch caliper trees, minimum eight feet tall |
Required street trees shall not count as replacement plantings. If the tree replacement requirement results in an excess of the minimum number of trees required elsewhere in this chapter, the additional trees may be placed off-site upon the approval of the director. The director may accept the additional trees or payment in lieu of the additional trees for tree plantings on public property based on the cost of the tree(s) and installation costs established by a professional landscape architect or landscaping contractor. Upon acceptance, the director shall attempt to locate the trees on a public site which is as close to the donor property as practicable. (Ord. 1562 § 50, 2015; Ord. 1283 § 3, 2001; Ord. 1246 § 17, 2000).
22.62.010 Landscaping plan requirements.
(a) Landscaping plans shall be submitted for any landscaping activity required by FMC 22.62.002. The landscaping plan shall be drawn to scale and include the following information:
(1) The location of all property lines and easements for ingress/egress, utilities, and drainage.
(2) The location of all existing and proposed structures. The square footage and location for each existing and proposed structure shall be identified.
(3) The location and design of all pedestrian, storage, garbage, recycling, employee recreation and above-ground stormwater detention and treatment areas.
(4) The location of all impervious surface areas, including structures, parking, loading and circulation areas. The total square footage of all impervious surface areas in square feet shall be identified.
(5) The size and location of all proposed and existing outdoor fixtures and equipment such as utility vaults (structures), fire hydrants, light fixtures, fences, retaining walls, ornamental fountains, pools, benches and garbage/recycling containers or enclosures.
(6) The location of any off-site structures, landscaping, and other improvements which will have an effect on the location and type of landscaping proposed.
(7) All existing and proposed landscaping areas showing plant materials to be retained, plant materials to be removed and proposed plants to be installed. The existing and proposed plants shall be clearly labeled as to botanical name, common name, size, location and spacing. The plant schedule shall identify which plants are native to the region. The plan shall indicate any special planting instructions for each plant type.
(8) A statement that plant identification tags shall be left on, or next to, the plants installed at the site until all required inspections have been completed.
(b) Professional Design Criteria. Landscape plans for all projects requiring administrative design review shall be prepared and approved by either a professional landscape architect, or a licensed, bonded and insured landscaping contractor. When required landscaping is minimal in area, the professional design requirement may be waived by the director if the project proponent is able to demonstrate to the director a clear understanding of the landscaping plan requirements and the ability to prepare an accurate, readable plan which contains the information required in subsection (a) of this section. (Ord. 1246 § 17, 2000).
22.62.011 Irrigation requirements for new commercial, residential, institutional, public and quasi-public developments.
(a) Temporary irrigation systems shall be installed for all landscape areas except for areas of undisturbed existing vegetation or low areas with existing high soil moisture conditions. Such systems shall be removed after 24 months or two growing seasons, whichever occurs first; provided, that the plantings are established.
(b) Areas of undisturbed existing vegetation or areas where existing site conditions ensure adequate soil moisture for growth within the required landscape area shall have temporary irrigation systems only as required to sustain new plantings and shall be determined on a case-by-case basis by the director.
(c) Areas of undisturbed existing vegetation, low areas with existing high soil moisture conditions, or landscape areas consisting of drought-tolerant vegetation shall not have permanent irrigation systems. Permanent irrigation systems may be permitted within all other required landscape areas.
(d) Irrigation plans shall be submitted for all permanent irrigation systems to ensure that plantings will be watered at a sufficient level for plant survival and healthy growth. Permanent irrigation systems shall be designed by a professional landscape architect, certified irrigation designer, or other professional having comparable qualifications. A permanent system shall include:
(1) Moisture or precipitation sensors;
(2) Automatic timers set for operation during periods of minimum evaporation and that ensure adequate moisture levels;
(3) Head-to-head spacing, if sprinkler heads are proposed;
(4) Pressure regulating devices;
(5) Backflow prevention devices; and
(6) Separate irrigation zones for (A) turf and planting beds, and (B) drought-tolerant and nondrought-tolerant species. (Ord. 1487 § 3, 2009; Ord. 1246 § 17, 2000).
22.62.012 Landscape installation.
(a) Timing of Completion. The landscaping required by this chapter shall be installed prior to receiving a final permit inspection sign-off or certificate of occupancy for the project or project phase. The time limit for compliance may be extended by up to six months from the date of the final permit inspection sign-off or certificate of occupancy to allow for installation of landscaping during the next appropriate planting season, subject to submittal of a performance guarantee in accordance with FMC 22.62.013.
(b) Compliance with Approved Plan. The landscaping shall be installed in accordance with the approved plan. Landscaping installed in accordance with a plan prepared by a professional landscape architect or landscaping contractor shall be inspected by that individual prior to final inspection by the director. The landscape architect or landscaping contractor shall submit a letter to the city indicating that the installation is in accordance with the approved plan.
(c) Modifications to Approved Plan. Prior to making any deviations in the field from an approved plan, the landscape installer shall obtain approval from the director for the proposed modifications. The director may require the installer to provide a revised plan prior to approving the modifications. If modifications are proposed to a plan prepared by a landscape architect or landscaping contractor, the modifications shall be approved by the landscape architect or landscaping contractor prior to director approval of the changes. (Ord. 1246 § 17, 2000).
22.62.013 Performance guarantee.
(a) If the installation of landscaping is deferred per FMC 22.62.012(a), a guarantee shall be submitted to the city in order to ensure the completion of the required landscaping. It shall be the responsibility of the applicant and the property owner to contact the director upon completion of the landscaping work and request an inspection.
(b) The type of guarantee shall be approved by the director and city attorney and posted with the department prior to the issuance of the final permit inspection sign-off or certificate of occupancy. Acceptable guarantees may include: cash bonds; assignment of funds; insurance company performance bonds; and a contractual agreement or bond between the owner/developer and a licensed landscape architect, Washington certified nurseryman, or Washington certified landscape contractor, along with a rider or endorsement specifically identifying the city as a party to the agreement for purposes of enforcement.
(c) The guarantee amount shall be 150 percent of a landscaping bid amount submitted to, and approved by, the director. The bid amount must include labor and materials.
(d) Failure to complete all required landscaping within six months of the issuance of a certificate of occupancy shall constitute a violation and the city shall use the guarantee to complete the required landscaping and to reimburse the city for documented administrative costs associated with action on the guarantee. If costs incurred by the city exceed the amount provided by the guarantee, the property owner shall reimburse the city in full, or the city may file a lien against the subject property for the amount of any deficit.
(e) If a performance guarantee is required under subsection (a) of this section, the property owner shall provide the city with an irrevocable notarized agreement granting the city and its agents the right to enter the property and perform any necessary work.
(f) Upon completion of the required landscaping by the property owner, at or prior to the expiration of the guarantee, the city shall promptly release the guarantee. (Ord. 1246 § 17, 2000).
22.62.014 Landscape maintenance.
(a) Whenever landscaping is or has been required by this chapter or previous city regulations, the landscaping shall be maintained for the life of the project in conformance with the approved plan. Such maintenance shall include the landscaping required within a public right-of-way.
The property owner or other responsible entity shall replace any unhealthy or dead plant materials in conformance with the approved landscape plan unless substitute plant material has been authorized by the director. Replacement shall occur within four months of the loss of the plant or during the next planting season if the loss does not occur in a planting season.
(b) The director may require a landscape maintenance guarantee for specified period of time to ensure initial establishment and/or long-term maintenance of the required landscaping. The value of the guarantee must equal at least 20 percent of the replacement cost of the landscape materials, and shall be used by the city to perform any necessary maintenance and to reimburse the city for documented administrative costs associated with action on the guarantee.
(c) The city may accept, as an alternative to a landscape maintenance guarantee, a contractual agreement or bond between the owner/developer and a licensed landscape architect, Washington certified nurseryman, or Washington certified landscape contractor, along with a rider or endorsement specifically identifying the city as a party to the agreement for purposes of enforcement.
(d) If a landscape maintenance guarantee or similar device is required under subsections (b) and (c) of this section, the property owner shall provide the city with an irrevocable notarized agreement granting the city and its agents the right to enter the property and perform any necessary work.
(e) Upon completion of the maintenance period, and if maintenance is not required, the city shall promptly release the landscape maintenance guarantee or similar device. (Ord. 1246 § 17, 2000).
22.62.015 Substitution of plant materials.
Adjustments to an approved landscape are permitted over time when done in a manner which continues to accomplish the purpose for which the landscape was initially required. For example, if specific plant types fail to thrive at a given location due to soil, moisture, or other site conditions, substitute plant types may be installed if they provide a comparable level of screening, wildlife habitat or cover, drought-tolerance, or other quality originally required. (Ord. 1246 § 17, 2000).