Chapter 20.58
LANDSCAPING REQUIREMENTS
Sections:
20.58.005 Landscaping required.
20.58.010 Landscape plan required.
20.58.012 Professional design criteria.
20.58.022 Appeal of planning director’s action.
20.58.035 Installation of landscaping.
20.58.040 Landscape performance surety required.
20.58.050 Maintenance of landscaping.
20.58.001 Scope and purpose.
The provisions of this chapter apply wherever landscaping is required by the zoning requirements of this title and are intended to ensure that such landscaping is properly designed, installed and maintained. This chapter is intended to encourage the retention of existing vegetation, unique habitat and natural areas, and to maintain and protect property values, enhance environmental quality and improve the general appearance of the city. (Ord. 2147 Exh. A, 1987).
20.58.005 Landscaping required.
The extent of on-site landscaping required shall not be less than that set forth in this section, or PMC 20.26.500:
(1) All paved areas of over 10,000 square feet shall have at least five percent of all paved areas landscaped to provide shade to reduce the heat island effect related to paved surfaces, reduce storm water runoff, improve air quality, provide visual breaks to large paved areas and improve general appearance. Perimeter landscaping shall not be calculated as part of the required amount of internal parking lot landscaping. Internal parking lot landscaping design and spacing shall conform to the “Type IV” landscaping standards contained in the city’s vegetation management standards (VMS) manual.
In order to further mitigate the impacts of more substantial expanses of paved areas on development sites, the following shall apply:
(a) In the event that a project provides 20 percent more than the required minimum number of parking stalls (per PMC 20.55.010) for a specific use or group of uses on a development complex site, or in the event that the total sum of paved areas on a site exceeds 100,000 square feet, at least 10 percent of all paved areas shall be landscaped in accordance with this section and the vegetation management standards (VMS) manual.
(2) Perimeter Landscaping Required. The perimeter of all sites shall be landscaped the full depth of the required setbacks for the subject site, or 12 feet, whichever is less; however, in no event shall a perimeter landscaping buffer be smaller than six feet. Roads and driveways that cut through perimeter landscape areas shall be no wider and no more numerous than necessary for safe access and turning movements, as determined by the development services director or a licensed traffic engineer. Remaining portions of a site (or of a phased portion of a site with an approved phasing plan) that are not covered by buildings or pavement shall be landscaped using appropriate shrubs, ground covers and trees. Landscaping shall be sufficient to achieve 75 percent coverage within a three-year period.
(a) Retaining Walls and Required Perimeter Landscaping. The intent of the following regulations is to mitigate the bulk and visual/aesthetic impacts of retaining walls, as well as to minimize the overall height of new retaining walls. Within 30 feet of any property line – except in relation to proposed retaining walls on preexisting single-family lots – the following standards apply to proposed retaining walls:
(i) Front and Street Side Property Lines. All retaining walls shall be set back from any front or street side yard property line by a minimum of eight feet. The maximum height of any singular retaining wall within 30 feet of a front or street side yard property line shall be three and one-half feet above finished grade. A minimum of six feet of stepback shall be provided between any terraced retaining walls proposed within 30 feet of a front or street side property line. No more than a total of three stepped retaining walls (complying with the maximum three and one-half feet in height limit above finished grade) shall be placed within 30 feet of a front or street side property line. A Type I visual barrier landscape buffer shall be provided in front of all retaining walls, in accordance with the city’s vegetation management standards (VMS) manual.
(ii) Rear and Side Property Lines. All retaining walls shall be set back from any rear or side yard property line by a minimum of six feet. The maximum height of any singular retaining wall within 30 feet of a rear or side property line shall be six feet above finished grade. A minimum of six feet of stepback shall be provided between any terraced retaining walls proposed within 30 feet of a rear or side property line. No more than a total of three stepped retaining walls (complying with the maximum six-foot height limit above finished grade) shall be placed within 30 feet of a rear or side property line. A Type I visual barrier landscape buffer shall be provided in front of all retaining walls, in accordance with the city’s vegetation management standards (VMS) manual.
(3) Storm water Control Facilities. Open storm detention/retention ponds and swales permitted prior to January 1, 2017, that are visible from public rights-of-way or from common areas (e.g., courtyards, plazas) shall be landscaped and maintained as follows:
(a) Facilities requiring security fencing shall include vegetation around the outer perimeter of the fence sufficient to provide full screening of fencing materials (except access gates) within three years of installation. The area within the fence shall not be located in, or be considered part of, required landscaped areas.
(b) Facilities not requiring security fencing may be included in any required landscaped area, provided they do not encroach into required buffer areas nor diminish required screening. They shall be graded in a manner that allows safe access to the water’s edge, and shall be designed to provide visual amenity to the site, including: (i) a curvilinear configuration that provides a more natural pond-like appearance; and (ii) substantive vegetation typically found in and near natural ponds or wetlands. If a narrow linear bio-swale is used, it may be planted in lawn using a seed mixture appropriate for wet conditions; provided, that all other plant materials otherwise required in the area of the bio-swale are incorporated into a planting area immediately around the bio-swale and within the required landscape area.
(c) All vegetation in storm water control facilities shall be regularly maintained. Lawn areas shall be maintained in a growing condition and regularly mowed. Storm water facilities shall be kept free of weeds, debris and sediment.
(d) Storm water facilities permitted on or after January 1, 2017, shall be maintained consistent with the operations and maintenance manual for the facility and with the requirements of Chapter 21.10 PMC.
(4) The perimeter of all parking areas and associated access drives which abut public rights-of-way shall be screened with on-site landscaping, earth berms, fencing, or a combination thereof. Screening shall be located within the required perimeter landscape area and shall include a mix of plants appropriate to achieve 50 percent screening of parked vehicles up to a height of three feet within two years of plant establishment. In no event shall off-street parking or automobile display areas be located within a required landscape buffer.
(5) All trash containers shall be screened from abutting properties and public rights-of-way by substantial sight-obscuring landscaping. Sight-obscuring fences and walls can be substituted for plant materials.
(6) All portions of a lot not devoted to building, future building, parking, access drives, walks, storage or accessory uses shall be landscaped in a manner consistent with the requirements of this chapter.
(7) Landscaping installed as a part of an approved final landscape plan shall be maintained as to achieve the intended purpose of the landscaping, shall be free of all weeds and invasive plant materials and shall be free of litter/trash. No landscaping approved and installed under a final landscape plan may be modified, removed or otherwise substantially altered without prior approval from the director or designee through a revised final landscape plan. This shall not be construed to apply to normal maintenance activities, in accordance with ANSI A300 – Tree, Shrub, and Other Woody Plant Maintenance – Standard Practices. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 3119 § 42, 2016; Ord. 3073 § 30, 2014; Ord. 2694 § 7, 2001; Ord. 2147 Exh. A, 1987).
20.58.010 Landscape plan required.
No permit or license for new construction, including the physical expansion of an existing building or parking lot, or for moving a building shall be issued unless a landscape plan for such improvement has been approved by the planning director. This provision does not apply to single-family and multiple-family developments with four or less units. Said landscape plan shall include the following information:
(1) All existing and proposed buildings, walks, parking areas, driveways, and other hard-site elements;
(2) All areas devoted to landscaping clearly showing all existing plant materials to be retained and proposed plants to be installed. The proposed plants should be clearly labeled as to installation, size, species, planting methods, flower color, and other information necessary to describe the plant material;
(3) All proposed and existing landscape elements such as light fixtures, bollards, inert ground covers such as stone, mulch, ornamental fountains, trash receptacles, drinking fountains, landscape paving, pools, benches or other landscape furniture;
(4) All topographic features of the area to be landscaped such as berms or swales. A contour map detailing intervals at two feet shall be provided when the finish grade of proposed topographic features exceeds 15 percent;
(5) All existing and proposed drainage and watering facilities;
(6) All details necessary to show plant installation methods or special construction requirements for landscape elements. (Ord. 2196 § 8, 1989; Ord. 2147 Exh. A, 1987).
20.58.012 Professional design criteria.
Landscape plans for all projects involving new structures of 10,000 square feet or greater or 20,000 square feet or greater of affected site area shall be prepared by a professional landscape architect licensed in this state, unless this requirement is expressly waived by the community development director. For smaller projects, the community development director shall have the authority to require that a landscape plan prepared under PMC 20.58.010 be prepared by a professional landscape architect licensed in this state. Such requirement for professional design shall be made early in the development process and such action shall be based upon the following criteria:
(1) The proposed project will likely create adverse visual impacts and substantial landscape mitigation is required under SEPA;
(2) The proposed project is situated on a major arterial, entrance to the city or in a similar geographic setting where the landscape design would significantly influence the city’s visual character;
(3) The proposed project will affect environmentally sensitive or established residential areas and landscape design will be used to buffer the project’s impact on such areas. (Ord. 2346 § 1(14), 1993; Ord. 2147 Exh. A, 1987).
20.58.015 General standards.
The following general landscape regulations shall apply to all landscaped areas requiring plans except those specifically exempted:
(1) Artificial plants cannot be substituted for landscape plant materials.
(2) Landscaped areas shall be provided with adequate drainage.
(3) Landscaped areas shall not conflict with the safety or ingress/egress of persons using sidewalks.
(4) No plant materials that are invasive/noxious (as listed by the Washington State Noxious Weed Control Board (NWCB)), poisonous, toxic or otherwise nuisances to property or people shall be used in landscape areas.
(a) Poisonous or toxic restrictions do not apply to commonly used ornamental plants such as rhododendrons.
(b) Nuisance plant materials include, but are not limited to, any plantings that:
(i) Spread in a proliferous or invasive manner beyond the area intended to be landscaped;
(ii) Cause damage to or interfere with overhead or underground utility lines; or
(iii) Cause damage to abutting pavement or foundations.
(c) The development services director may require submittal of planting characteristics of any proposed or questionable plant material as may be found in any published plant encyclopedia, or as provided by a professional horticultural consultant.
(5) Landscaping requirements may be partially met by incorporating landscaping features into storm water facilities required under Chapter 21.10 PMC. Such dual purpose applications may only be allowed where the proposed combined features are fully compatible with the requirements, uses, functionality, and maintenance needs of both the storm water facility and applicable landscaping requirements.
(6) The development services director shall prepare standards for the development of landscaping plans. The standards shall be based upon available technical and professional information regarding plant types and their required climate conditions, microclimate characteristics, installation and maintenance. Standards for landscaping plans shall generally consist of the following:
(a) Landscaping design consideration including the microclimates that affect plant health and horticultural compatibility;
(b) Defined thresholds for submitting different levels of landscaping plans, based upon adopted thresholds for landscaping requirements;
(c) Minimum landscape application requirements necessary to determine if the landscaping conforms to all adopted site design and landscaping standards;
(d) Plant stock standards (including source and size) that assure healthy and viable plantings according to their proposed locations and intended purposes;
(e) Installation standards that define adequate soil preparation and hydrology needs and that assure the health and survival of plantings;
(f) Necessary means of protecting and preserving vegetation;
(g) Methods for preserving significant or heritage trees;
(h) Maintenance standards that assure the health of plantings in buffers, open space and cultivated areas;
(i) The size, type and spacing of trees and shrubs necessary to implement all screening and buffering standards as required by this title. (Ord. 3130 § 1 (Exh. A), 2016; Ord. 3119 § 43, 2016; Ord. 2694 § 7, 2001; Ord. 2196 § 9, 1989; Ord. 2147 Exh. A, 1987).
20.58.020 Approval criteria.
The planning director shall, within 120 days of filing of a final landscaping plan, approve, approve with conditions, return for modifications, or deny said landscape plan. Such action shall be based upon the following criteria for approval:
(1) The entire landscape area shall be covered with a suitable landscape material consisting of sod, vegetative groundcover, shrubs, trees, bark, mulch, gravel and/or stone. The design and layout of such landscaping should be such so as to minimize maintenance requirements.
(2) The facilities for watering and drainage shall be adequate to ensure that the landscape area is maintained in green and growing condition and that no soil, bark, mulch, gravel, stone or similar materials are allowed to wash off the landscape area into parking areas, driveways, public streets, sidewalks, gutters or storm drainage facilities.
(3) No plant materials or landscape features shall be situated in such a manner so as to inhibit vehicle sight distances or otherwise create a traffic hazard.
(4) Preservation of existing vegetation shall be incorporated into landscape design whenever practical.
(5) Installation of a diversity of vegetative species and size shall be incorporated into a landscape design to the extent that the design complements the site buildings and functions.
(6) The plant materials or landscape features shall be designed and situated in a manner that makes the project visually compatible with its surroundings to the extent possible.
(7) Compliance with all sections of the vegetation management standards (VMS) manual, where applicable to the project. (Ord. 3119 § 44, 2016; Ord. 2147 Exh. A, 1987).
20.58.022 Appeal of planning director’s action.
Any decision of the planning director pursuant to PMC 20.58.015 may be appealed to the hearing examiner as an interpretation review pursuant to Chapter 20.87 PMC, provided said appeal is filed within 10 business days of the director’s decision. (Ord. 2268 § 40, 1991; Ord. 2147 Exh. A, 1987).
20.58.025 Heritage trees.
(1) A heritage tree is a tree that has been designated as such pursuant to this chapter due to its notable characteristics, including, but not limited to, age, size, location, species, aesthetics or association with an event that is significant to the city of Puyallup. For purposes of this chapter, such characteristics shall collectively be identified as heritage tree characteristics.
(2) Heritage Registry. The city may establish a heritage tree registry. The development services director may promulgate procedures to implement this chapter.
(a) Nomination. A tree owner may nominate his or her tree for inclusion in the city’s heritage tree registry. For purposes of this chapter, a tree owner includes another person or entity, who, with authorization of the subject tree owner, nominates a tree for inclusion in the city’s heritage tree registry. In order to nominate a tree for inclusion in the city’s registry, a tree owner shall submit a nomination proposal to the city, which shall include a location map of the proposed heritage tree, a photograph of the tree, and information concerning the heritage characteristics of the tree and other information that is reasonably related to the nomination, when requested by the city.
(b) Review. The city’s review of a nomination proposal shall be performed by certified arborist (International Society of Arboriculture, or similar equivalent certification) or other qualified person designated by the city, and should include an inspection of the subject tree. The reviewing arborist should prepare a report that addresses the characteristics of the subject tree, including its current condition and long-term viability for inclusion in the registry.
(c) Comment. The city shall notify property owners that are adjacent to the property on which the subject tree is located, and provide a reasonable opportunity for comment.
(d) Decision. After the comment period is closed, the city shall approve or deny the nomination proposal based on criteria that are relevant to the heritage tree registry and subject tree, which may include, but are not limited to, age, size, location, species, aesthetics, viability and association with an event that is significant to the city of Puyallup.
(e) Notice of Decision. The city shall notify the tree owner, and any adjacent property owners who have provided comment, of its decision to approve or deny the nomination proposal. The city may include reasonable conditions in its decision.
(f) Appeal. The tree owner may appeal a decision of the city to deny the tree owner’s nomination proposal. An adjacent property owner who has provided timely comment may appeal a decision of the city to approve a nomination proposal. Any such appeal shall be filed with the city within 15 days of the city’s issuance of its decision, and such appeal shall occur before the city’s hearing examiner. An appellant shall pay a reasonable filing fee, which shall be established by the city.
(g) Covenant. Upon approval of a nomination proposal, the owner of the subject tree may voluntarily record a city-provided covenant with the Pierce County auditor, which may include reasonable conditions. If the tree owner chooses to record a city-provided covenant, the city shall pay the associated recording fees.
(h) City-Owned Trees. Notwithstanding the foregoing nomination process, city-owned trees may be included in the registry with council approval.
(3) Removal from Registry. A tree owner may request that his or her tree be removed from the city’s heritage tree registry. In order to request removal, a tree owner shall submit a removal request to the city, which shall include a location map of the proposed heritage tree, a photograph of the tree, reasons for the removal request and other information that is reasonably related to the removal request, when requested by the city.
(a) Comment. The city shall notify property owners that are adjacent to the property on which the subject tree is located, and provide a reasonable opportunity for comment.
(b) Decision. The city may approve removal of the subject tree from the registry for good cause, which shall include, but is not limited to, the condition of the tree, or the health, safety and welfare of the community.
(c) Notice of Decision. The city shall notify the tree owner, and any adjacent property owners who have provided comment, of its decision to approve or deny removal of the subject tree from the heritage tree registry. The city may include reasonable conditions in its decision.
(d) Appeal. The tree owner may appeal a decision of the city to deny the tree owner’s removal request. An adjacent property owner who has provided timely comment may appeal a decision of the city to approve the tree owner’s removal request. Any such appeal shall be filed with the city within 15 days of the city’s issuance of its decision, and such appeal shall occur before the city’s hearing examiner. An appellant shall pay a reasonable filing fee, which shall be established by the city.
(4) Heritage Tree Removal or Alteration. It is unlawful for any person to recklessly remove a heritage tree. It is unlawful for any person to recklessly damage, destroy, alter or injure a heritage tree without a heritage tree alteration permit.
(5) A violation of the provisions of this chapter shall be a Class 1 civil infraction pursuant to Chapter 1.02 PMC. The city may require a person that unlawfully removes or destroys a heritage tree to plant replacement trees at the location of removed or destroyed heritage tree, or another suitable location as determined by the city, in the following ratios:
(a) Deciduous heritage tree: three medium (30 or more feet at maturity) or large (50 or more feet at maturity) trees. The new trees may either be deciduous or evergreen.
(b) Evergreen heritage trees: four medium or large evergreen trees.
(c) Fee In Lieu. In lieu of planting replacement trees, a person that unlawfully removes or unlawfully destroys heritage trees may pay a fee for each required replacement tree. The fee shall be the greater of the actual cost of the replacement trees, or $225.00 per tree. Such fees shall be used by the city for tree planting projects on public lands or right-of-way. (Ord. 3083 § 2, 2015).
20.58.035 Installation of landscaping.
All landscaping required by this title shall be installed prior to issuance of a final certificate of occupancy. Upon a finding that the time of year when a certificate of occupancy would be issued is inappropriate for installing all or part of the landscaping, due to weather constraints, the community development director may allow said plantings to be deferred for up to six months immediately following issuance of a certificate of occupancy. (Ord. 2513 § 1 (Att. A § 5.a), 1997; Ord. 2147 Exh. A, 1987).
20.58.040 Landscape performance surety required.
All landscaping required pursuant to this title for qualifying developments, regardless of when installed, shall be secured by an assignment of funds or other surety as deemed acceptable to the community development director. For purposes of this section, “qualifying development” are those projects deemed “large projects” on the adopted fee schedule for the city. All other projects shall post surety only if all or part of said plantings have not been installed at time of certificate of occupancy, pursuant to PMC 20.58.035. All surety shall be posted in an amount and form as specified in adopted city administrative procedures. The surety shall be used for completion of required landscaping in the event that said landscaping or any portion thereof is not installed pursuant to PMC 20.58.035 nor maintained pursuant to PMC 20.58.050. (Ord. 2513 § 1 (Att. A § 5.b), 1997; Ord. 2147 Exh. A, 1987).
20.58.050 Maintenance of landscaping.
All landscaping required by this title shall be maintained in an attractive, green and growing manner. Where landscaped areas are not maintained to prevent weeds and trash and to ensure that plant materials are living and healthy, the subject property shall be considered in violation of this title and subject to the enforcement provisions set forth in Chapter 20.95 PMC. (Ord. 2147 Exh. A, 1987).