Chapter 21.36
LANDSCAPING
Sections:
21.36.020 Applicability of chapter.
21.36.030 Exempt from this chapter.
21.36.040 General standards for landscaped areas.
21.36.050 Additional standards for landscaped areas.
21.36.070 Perimeter landscaping requirements.
21.36.080 Surface parking landscaping requirements.
21.36.090 Landscaping near public trails, utilities and other publicly used lands.
21.36.110 Landscaping plan submittal requirements.
21.36.120 Landscape maintenance.
21.36.130 Alternative options for landscaping.
21.36.140 Financial guarantees for landscaping.
21.36.150 Additional tree enforcement.
21.36.010 Purpose and intent.
The purpose and intent of this chapter is to preserve and improve the aesthetic character and environmental quality of Woodinville’s northwest woodland character by:
(1) Retaining and protecting existing vegetation and significant trees when possible;
(2) Promoting proper plant selection and continuous maintenance of landscaping;
(3) Reducing the impacts of development on drainage systems and natural habitats;
(4) Increasing privacy and providing transition between different zones; and
(5) Providing visual relief from parking lots and service areas. (Ord. 737 § 2 (Att. A), 2022)
21.36.020 Applicability of chapter.
(1) This chapter applies to all development activity, including but not limited to new construction, expansion of existing structures and/or uses, land disturbing activities including the removal or replacement of impervious surfaces, and tree and landscaping removal as follows, unless exempt pursuant to WMC 21.36.030:
(a) The entire site shall comply with the requirements of this chapter if one or more of the following conditions exists:
(i) Development involves surface disturbances covering 50 percent or more of the total lot area of the site being developed;
(ii) Development involves surface disturbances and the expansion of the gross floor area of existing buildings and/or uses on a site by at least 5,000 square feet, or 50 percent or more of the total existing gross floor area of buildings, whichever is greater, as measured over a 60-consecutive-month period.
(b) If development activity is less than set forth in subsection (1)(a) of this section, except as provided in subsection (1)(c) of this section, the requirements of this chapter shall apply within the area of development activity plus 10 feet beyond the construction limits of the development activity, or the dripline for tree removals.
(c) For remodels, interior tenant improvements, or expansion of existing structures or uses that do not involve land disturbing activities, or removal or replacement of impervious surfaces, the requirements of this chapter shall apply as follows:
(i) If the building permit valuation of the work is 25 percent or less of the fair market value of the buildings involved in the development as determined by the Director, the provisions of this chapter shall not apply;
(ii) If the building permit valuation of the work exceeds 25 percent of the fair market value of the buildings involved in the development as determined by the Director, additional landscaping consistent with this chapter shall be provided on site having a minimum cost equal to the building permit valuation as a proportional share of the fair market value of buildings involved in the development (e.g., if building permit valuation equals 30 percent of the total fair market value, the minimum cost of the added landscaping shall be at least 30 percent of the building permit valuation). The Director may cap the requirements for additional landscaping once a site is fully compliant with this chapter.
(2) This chapter applies in combination with and may overlap landscaping requirements found elsewhere in this title. Consistent with WMC 21.10.050, if a conflict arises between the requirements of this chapter and landscaping requirements found elsewhere in this title, the provision requiring the most landscaping and/or highest level of landscape screening shall prevail.
(3) Tree removal on properties that are not exempt from this chapter per WMC 21.36.030, and where Chapter 21.50 WMC (Development Standards – Tree Protection) does not apply, shall be subject to the requirements in WMC 21.36.100. (Ord. 737 § 2 (Att. A), 2022)
21.36.030 Exempt from this chapter.
This chapter shall not apply to detached single-family dwellings and accessory dwelling units in the R-1 through R-18 residential zones, or duplex dwellings in the R-1 through R-8 residential zones; except all undeveloped areas of such properties shall be landscaped, or have existing landscaping retained, which shall be continually maintained. (Ord. 737 § 2 (Att. A), 2022)
21.36.040 General standards for landscaped areas.
(1) Minimum Landscaped Area.
(a) Except within the Tourist Business and Tourist Industrial zones, at least 10 percent of the net lot area of the development site shall be landscaped in accordance with this chapter; or
(b) In the Tourist Business and Tourist Industrial zones, at least 15 percent of the net lot area of the development site shall be landscaped in accordance with this chapter.
(2) Sight Distance Clearance. All landscaping shall maintain adequate sight distances pursuant to WMC 21.40.060.
(3) Use of Right-of-Way. Landscaping required by this chapter may be placed within public street rights-of-way with the permission of the Director provided adequate space is maintained on site adjoining the street right-of-way to allow replacing the right-of-way landscaping should subsequent street improvements require the removal of the landscaping in the right-of-way.
(4) Fences and Berms.
(a) All fences integrated with perimeter landscaping adjoining a street shall be placed on the inward lot side of the landscaping; and
(b) Berms shall not exceed a slope of three horizontal feet to one vertical foot for grassy lawn areas and two horizontal feet to one vertical foot for other plant materials.
(5) Irrigation.
(a) Landscaped areas shall have permanent irrigation systems installed unless it can be demonstrated that temporary irrigation will be sufficient to establish plantings within two growing seasons.
(b) Areas of undisturbed existing vegetation, areas with existing high soil moisture conditions, and drought-tolerant planted landscaped areas are not required to have permanent irrigation systems. However, temporary irrigation systems may be required to ensure the establishment of new plantings.
(c) Irritation systems shall be designed by a licensed landscape architect, certified irrigation designer, or other qualified professionals with expertise in irrigation systems.
(6) Timing of Landscape Installation. All required landscaping shall be completed and installed prior to the issuance of any certificate allowing occupancy, except a financial guarantee pursuant to WMC 21.36.140 may be accepted by the Director prior to the issuance of a temporary certificate of occupancy. (Ord. 737 § 2 (Att. A), 2022)
21.36.050 Additional standards for landscaped areas.
(1) Installation. All required plantings shall be installed in accordance with a landscaping plan approved by the City and plantings shall follow sound horticultural practices designed to encourage quick establishment and healthy plant growth.
(2) Plant Selection. The following apply to the selection of plants for landscaping:
(a) Plant species shall be either native, or noninvasive naturalized, species to the coastal region of the Pacific Northwest;
(b) Plants must be suitable in the USDA Plant Hardiness Zone 8;
(c) At least 60 percent of new landscaping plants must be drought-tolerant species, except this percentage may be reduced where site conditions assure adequate moisture for plant growth; and
(d) Drought-tolerant and nondrought-tolerant species shall be distributed and irrigated in a manner that uses water efficiently;
(e) The selection of trees shall be consistent with Woodinville plant species list pursuant to WMC 21.50.100.
(3) Retention of Existing Plants. Healthy native plants shall be retained to the greatest extent feasible. Undeveloped portions of property not devoted to required landscaping should preserve existing vegetation, including significant trees, but excluding plants classified as noxious weeds or as an invasive species.
(4) Hardscape. Not more than 15 percent of the lineal width of a site with required landscaped areas may be covered with walkways, driveways, or other impervious surfaces necessary for access. Hardscaped areas associated with access shall not count towards satisfying landscaping requirements.
(5) Turf. Turf may be used as groundcover in required landscaped areas, provided:
(a) The turf is limited to use with Type 1 or Type 2 landscaping; and
(b) Turf areas are at least five feet wide at their smallest dimension.
(6) Mulching. Landscape areas shall be covered with an adequate layer (typically two inches) of mulch to minimize evaporation, prevent erosion, maintain even soil temperature, control weeds, and enrich the soil. Mulching around trees shall follow best practices to avoid smothering roots or causing a decline in a tree’s health. (Ord. 737 § 2 (Att. A), 2022)
21.36.060 Landscaping types.
Where a landscaping type is described in this title, the following corresponding requirements apply:
(1) Landscaping Type 1. Type 1 landscaping is a “full screen” that functions as a visual barrier containing at a minimum the following:
(a) A mix of primarily coniferous trees and evergreen shrubs generally interspersed throughout the landscape strip and spaced to form a continuous screen;
(b) At least 70 percent of the trees shall be coniferous, and trees shall be planted at a rate and spaced no further apart than 20 feet on center;
(c) Evergreen shrubs shall be planted at a rate and spaced no further than five feet apart in all directions;
(d) Groundcover plantings shall result in total coverage of the majority of the required landscape area within three years with up to 30 percent of the groundcover allowed to be turf;
(e) Trees and plants shall satisfy the following at the time of planting:
(i) Deciduous trees shall be at least two-inch caliper;
(ii) Coniferous trees shall be at least six feet tall;
(iii) Multistem trees shall be at least seven feet tall;
(iv) Shrubs shall be at least an AAN container class No. 2 (two-gallon) size and 24 inches in height;
(v) Groundcover, excluding turf, shall be at least four-inch (one-half quart) planter pots;
(2) Landscaping Type 2. Type 2 landscaping is a “filtered screen” that functions as a visual separator containing at a minimum the following:
(a) A mix of deciduous and coniferous trees and shrubs generally interspersed throughout the landscape strip and spaced to form a filtered screen;
(b) The mix of trees shall be at least 30 percent coniferous and 50 percent deciduous, and trees shall be planted at a rate and spaced no further apart than 25 feet on center;
(c) Shrubs shall be planted at a rate and spaced no further apart than seven feet in all directions;
(d) Groundcover plantings shall result in total coverage of the majority of the required landscape area within three years with up to 30 percent of the groundcover allowed to be turf;
(e) Trees and plants shall satisfy the following at the time of planting:
(i) Deciduous trees shall be at least two-inch caliper;
(ii) Coniferous trees shall be at least six feet tall;
(iii) Multi-stem trees shall be at least seven feet tall;
(iv) Shrubs shall be at least an AAN container class No. 2 (two-gallon) size and 24 inches in height;
(v) Groundcover, excluding turf, shall be at least four-inch (one-half quart) planter pots;
(3) Landscaping Type 3. Type 3 landscaping is a “see-through screen” that functions as a partial visual separator to soften the appearance of parking areas and building elevations containing at a minimum the following:
(a) A mix of coniferous and/or deciduous trees and shrubs generally interspersed throughout the landscape strip and spaced to form a continuous canopy;
(b) At least 70 percent of the trees shall be deciduous, and trees shall be provided at a rate and spaced no further apart than 25 feet on center;
(c) Shrubs shall be planted at a rate and spaced no further apart than four feet apart in all directions;
(d) Shrubs shall be maintained at a height not to exceed 48 inches when located in Type 3 landscape area;
(e) Groundcover plantings shall result in total coverage of the majority of the required landscape area within three years with up to 30 percent of the groundcover allowed to be turf;
(f) Trees and plants shall satisfy the following at the time of planting:
(i) Deciduous trees shall be at least two-inch caliper;
(ii) Coniferous trees shall be at least six feet tall;
(iii) Multi-stem trees shall be at least seven feet tall;
(iv) Shrubs shall be at least an AAN container class No. 2 (two-gallon) size and 24 inches in height;
(v) Groundcover, excluding turf, shall be at least four-inch (one-half quart) planter pots. (Ord. 737 § 2 (Att. A), 2022)
21.36.070 Perimeter landscaping requirements.
(1) Perimeter Landscaping Required. Unless exempt pursuant to WMC 21.36.030 or unless provided otherwise by this title, landscaping along property lines shall be provided based on the zoning district and the corresponding standards in Table 21.36.070:
|
Zone |
Required Perimeter Landscaping |
|
|---|---|---|
|
Street Property Line |
Interior Property Line |
|
|
R-1, R-4, R-6, R-8 unless exempt by WMC 21.36.030 |
10-foot-wide Type 2 landscaping strip |
20-foot-wide Type 1 landscaping strip |
|
R-12, R-18, R-24, R-48 unless exempt by WMC 21.36.030 |
10-foot-wide Type 3 landscaping strip |
20-foot-wide Type 2 landscaping strip if adjoining R-1, R-4, R-6, R-8 zones |
|
10-foot-wide Type 1 landscaping strip if adjoining all other zones |
||
|
GB |
10-foot-wide Type 2 landscaping strip, except as modified by Chapter 21.33 WMC (Commercial Design Standards) |
10-foot-wide Type 1 landscaping strip if adjoining Park zone |
|
None if adjoining all other zones |
||
|
CBD |
10-foot-wide Type 2 landscaping strip, except as modified by Chapter 21.33 WMC (Commercial Design Standards) |
20-foot-wide Type 1 landscaping strip if adjoining R-1, R-4, R-6, R-8 zones |
|
None if adjoining all other zones |
||
|
NB |
10-foot-wide Type 3 landscaping strip, except as modified by Chapter 21.33 WMC (Commercial Design Standards) |
20-foot-wide Type 2 landscaping strip if adjoining R-1, R-4, R-6, R-8 zones |
|
None if adjoining all other zones |
||
|
TB, T/I |
10-foot-wide Type 2 landscaping strip, except as modified by Chapter 21.33 or 21.34 WMC (Commercial Design Standards and Industrial Design Standards) as applicable |
20-foot-wide Type 1 landscaping strip if adjoining a residential zone, or a lot containing residential development (may be in the form of a 20-foot-wide buffer that overlaps property lines) |
|
10-foot-wide landscaping strip if adjoining Park zone |
||
|
5-foot-wide Type 3 landscaping strip if adjoining nonresidential zones |
||
|
I |
25-foot-wide Type 2 landscaping strip if adjoining SR 202 |
20-foot-wide Type 1 landscaping strip if adjoining R-1, R-4, R-6, R-8 zones |
|
10-foot-wide Type 2 landscaping strip if adjoining all other streets |
10-foot-wide landscaping strip if adjoining Industrial zone |
|
|
15-foot-wide landscaping strip if adjoining a Park zone or public trail |
||
|
P/I |
10-foot-wide Type 2 landscaping strip |
20-foot-wide Type 1 landscaping strip if adjoining R-1, R-4, R-6, R-8 zones |
|
None if adjoining all other zones |
||
|
Park |
None |
10-foot-wide Type 1 landscaping strip if adjoining R-1, R-4, R-6, R-8 zones |
(2) State Route 522. Development on lots adjoining SR 522 right-of-way shall provide a minimum of 25-foot-wide strip of Type 3 landscaping along the property line. This landscaping may be provided in the form of a landscape buffer that overlaps the SR 522 highway right-of-way provided there is an agreement with the Washington State Department of Transportation for the landscaped buffer including maintenance of the buffer. The agreement should include provisions authorizing the City to conduct landscape maintenance within the buffer at the property owner’s expense should the landscaping not be properly maintained.
(3) Site Constraints. The perimeter landscaping requirements in Table 21.36.070 may be modified when existing conditions on or adjoining the site, such as significant topographic differences, vegetation, structures, or utilities would render application of this section ineffective or result in scenic view obstruction. When an existing structure precludes installation of the total amount of required site perimeter landscaping, such landscaping shall be incorporated on another portion of the site.
(4) Width Averaging. The width of the perimeter landscaping strip may be averaged, provided the minimum width of the landscaping is not less than five feet and the total required area of the site perimeter landscaping is not reduced. The Director may require denser plantings in areas where the width of the perimeter landscaping is less than the minimum width set forth in Table 21.36.070 to satisfy the intent of the landscape screening type prescribed in WMC 21.36.060.
(5) Sites Under Common Ownership. Adjoining parcels under a binding site plan or developments designed under common ownership may have perimeter landscaping applied to the outer boundaries of the site and not the property lines interior to the development. (Ord. 737 § 2 (Att. A), 2022)
21.36.080 Surface parking landscaping requirements.
(1) General. Surface parking areas shall incorporate landscaping to break up large areas of pavement and to provide visual relief from the street.
(2) Applicability. This section shall apply to surface parking areas on lots with 10 or more parking stalls.
(3) Required Plantings. Landscaping shall be provided within surface parking lots at a rate of 20 square feet per parking stall. Landscaping shall be designed and maintained to provide clear sight distance between three and one-half feet and eight feet above the grade of the surface.
(4) Surface parking lot landscaping shall be planted as follows:
(a) Deciduous trees planted at a minimum rate of one tree per seven stalls and fraction thereof;
(b) Shrubs planted no more than four feet apart; and
(c) Groundcovers planted no more than 24 inches apart.
(5) Landscape Island Spacing. Landscape islands shall be spaced at intervals of not more than 10 parking stalls and at the end of each parking row. Landscaping strips may be placed in between rows of parking stalls.
(6) Size. Landscaped islands and strips shall be designed with a minimum of four feet width and landscaped islands shall have an area of at least 75 square feet each.
Figure 21.36.080. Surface Parking Lot Landscaping
(7) Bioretention Facilities. Parking area landscaping may be used for stormwater management as approved by the Director. The requirements for plant sizes and spacing may be relaxed for bioretention facilities upon recommendations provided by a qualified professional.
(8) Vertical Curbs. Landscape islands or planters shall be surrounded by a standard vertical curb or a similar barrier to protect the plantings from vehicle overhang. Gaps in the curb are permitted for stormwater drainage.
(9) Perimeter Landscaping of Parking Lots. Except where the perimeter landscaping requirements in WMC 21.36.070 apply, the perimeter of surface parking areas not along buildings shall incorporate a minimum of a 10-foot-wide Type 3 landscaping, or five-foot-wide Type 3 landscaping with a three-foot-tall decorative wall, unless required otherwise by this title. (Ord. 737 § 2 (Att. A), 2022)
21.36.090 Landscaping near public trails, utilities and other publicly used lands.
(1) All developments adjoining trails or other public lands open to use by the general public shall provide landscaping along the building facade that faces the public area at the rate of at least one tree per 50 feet of lineal building facade. The Director may grant exceptions if applicable design standards accomplish the same or better screening.
(2) All development shall provide at a minimum Type 3 landscaping from public areas to reduce impacts to nearby properties and streets. The Director may require a higher level of landscape screening for more intense uses having greater visual or noise impacts to off-site public areas.
(3) Utility purveyors are required to maintain and plant landscaping within the right-of-way consistent with the following:
(a) Limited disturbance of vegetation to that necessary for safety and maintenance of transmission lines;
(b) Prune trees to direct growth away from utility lines using accepted pruning practices identified in the public tree care standards manual;
(c) Phase replacement of vegetation located improperly in the right-of-way;
(d) Use approved soil amending techniques to assure water retention and general tree health;
(e) Prune trees in an aesthetic manner according to the professional arboricultural specifications and standards;
(f) Select tree species recommended by the City, or as approved by the Director, that are compatible with utility lines, and plant using adequate recommended spacing;
(g) Provide the City with a copy of the utility’s policies and guidelines regarding tree pruning; and
(h) Present the City with a tree-pruning plan at least one week prior to tree-pruning activities. (Ord. 737 § 2 (Att. A), 2022)
21.36.100 Landscape trees.
(1) Landscape Street Trees.
(a) Street trees shall be planted for all development fronting a street at an average rate of one tree per each 25 lineal feet or fraction thereof. Street tree species shall be approved by the Director in accordance with the City’s plant species list set forth in WMC 2.24.070. The trees may be spaced at irregular intervals to accommodate sight distance requirements for driveways and intersections.
(b) In addition to the requirements set forth in subsection (1)(a) of this section, trees located within public street rights-of-way shall be subject to the provisions in Chapter 2.24 WMC.
(2) Permit Required. A tree removal permit is required as prescribed in WMC 21.50.050 and 21.82.150 for the removal of any significant tree or removal of any tree required as part of an approved landscaping plan. A tree removal may be processed in combination with a site development permit set forth in WMC 21.82.110 in lieu of a tree removal permit.
(3) Emergency Removal. Any tree that poses an imminent threat to life or property, due to a storm event such as a windstorm or ice storm, may be removed without first obtaining a permit. The party removing the tree shall contact the City within seven days of removal to provide documentation of threat for approval of exemption.
(4) Heritage Trees. The removal of heritage or specimen trees is prohibited except under the City’s heritage tree program.
(5) Tree Protection During Construction. Tree protection measures approved by the City shall be installed prior to development activity or initiating tree removal on a site. A preconstruction meeting on site between City officials and the contractor shall be held prior to the start of site disturbance activities. Tree protection measures shall include, but are not limited to, the following:
(a) Protective Barrier. A visible temporary protective fencing extending to the edge of the critical root zone of all retained trees shall be installed prior to site disturbance and maintained until removal is authorized by the City. Visible signs warning of tree protection and approved by the Director shall be provided and spaced no further than 25 feet along the entirety of the protective tree fence unless a different sign spacing is approved by the Director.
(b) Construction Activities. No excavation, storage, parking, construction vehicle access, dumping of toxic or polluted materials, or other potentially damaging activity is allowed within the protective barrier. If construction activity within the protective barrier is unavoidable, the Director may allow such activities if approved by and conducted under the supervision of a qualified tree professional retained by the applicant:
(i) Equipment may be authorized to operate within the critical root zone if no other alternative is feasible. The areas adjoining the critical root zone of a tree shall be covered with mulch to a depth of at least six inches, or with plywood, metal, or similar material to protect roots from damage caused by heavy equipment.
(ii) Utility trenches should be located outside of the critical root zone of trees. If utilities must be placed within the critical root zone, a qualified tree professional shall review the proposal to ensure the long-term viability of the trees. The work shall minimize root damage by excavating a two-foot-deep trench, at edge of critical root zone, to cleanly sever the tree roots.
(iii) Corrective pruning may be performed on protected trees in order to avoid damage from machinery or building activity.
(iv) Site grading within the critical root zone shall be the minimum necessary. The applicant’s qualified tree professional shall establish the maximum amount of earthwork allowable in the critical root zone that will not imperil the survival of the tree. Suitability of activities shall be based on construction techniques, erosion potential, damage to the critical root zone, stabilization techniques, and other similar factors.
(c) Exposed Soils. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing activities shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, groundcovers, and stumps be maintained on the individual lots, where feasible.
(d) Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. Any trees designated for preservation, per the approved tree plan, that are significantly damaged or destroyed during felling of trees approved for removal shall be replaced per WMC 21.50.060.
(e) Additional Requirements. The Director may require additional protection measures that are consistent with accepted urban forestry practices. (Ord. 737 § 2 (Att. A), 2022)
21.36.110 Landscaping plan submittal requirements.
(1) A landscaping plan shall be prepared by the applicant and submitted with applications for site plan review, design review, construction permits, and other permit applications as determined by the Director.
(2) Landscaping plans may be drawn separately or on the same base drawings as the development plans and shall be prepared by a Washington State registered landscape architect, Washington State certified horticulturalist, or Washington State certified landscaper.
(3) Landscaping plans shall include the following information:
(a) A site plan showing the following:
(i) Location of existing and proposed structures, construction limits, easements, utility lines, and construction protection barriers;
(ii) Location of existing “significant trees” as defined in WMC 21.11A.200 within 50 feet of the construction limits and include size and species of trees;
(iii) Identification of significant trees to be removed and/or relocated;
(iv) Existing and proposed topography on the site at five-foot elevation contour lines;
(v) Location of all critical areas and critical area buffers including those extending on site from off-site locations; and
(vi) A planting plan showing the following:
(A) Significant trees and vegetated areas to be retained;
(B) Planting plan including species, size and spacing of trees and plants;
(C) Location and design of other landscaping measures;
(D) Planting schedule; and
(E) Irrigation system, including location and specifications.
(b) Arborist report or professional recommendation evaluating the following:
(i) Inventory of all impacted trees that includes:
(A) The size, species, dripline, and critical root zone of existing trees within the construction limits and a 50-foot distance from the outer construction limits;
(B) Existing trees proposed for removal;
(C) Evaluation of anticipated impacts to the health and viability of remaining trees and trees on adjoining properties that may be impacted by the construction, including impacts to critical root zones;
(ii) Information on compliance with coverage requirements, including calculation of tree canopy or replanting schedule;
(iii) Suggested location and species of planted trees, maintenance, and planting specifications consistent with WMC 21.36.050 and 21.36.100;
(iv) Recommendations on tree protection measures;
(v) Any special instructions for working within protection areas;
(vi) Information on maintenance of retained trees and vegetation during construction including duration, benchmarks for success, cost estimates, and financial guarantees; and
(vii) If applicable, assessment and designation of hazard or nuisance trees.
(4) The Director may waive on a case-by-case basis specific submittal requirements determined to be unnecessary for reviewing an application. Alternatively, the Director may require additional materials such as maps, studies, or models when the Director determines such information is necessary to adequately assess the proposal. (Ord. 737 § 2 (Att. A), 2022)
21.36.120 Landscape maintenance.
The following maintenance requirements apply to all trees, including street trees, and other vegetation required to be planted or preserved under this chapter:
(1) Responsibility for Regular Maintenance.
(a) Required trees, vegetation and other landscape elements shall be considered as elements of the project in the same manner as parking, building materials, and other site details.
(b) The applicant, landowner, or successors in interest shall be responsible for the regular maintenance of required landscaping elements.
(c) Plants that die must be removed and replaced in kind by the property owner, unless necessary for vegetation thinning. It is also the responsibility of the property owner to maintain street trees abutting their property.
(d) Vegetation and mulch within a low impact development facility within a public right-of-way, which was installed as part of a development project, shall be the responsibility of the abutting property owner to maintain unless alternative conditions are approved by the City.
(e) Replacement plantings shall be installed within three months or during the next planting season if the loss occurs outside of the planting season.
(2) Maintenance Duration. Maintenance shall be ensured in the following manner:
(a) All required landscaping shall be maintained throughout the life of the development. Prior to issuance of a certificate of occupancy, the proponent shall provide a final as-built landscaping plan and a maintenance guarantee pursuant to WMC 21.36.140.
(b) Any existing tree or other existing vegetation designated for preservation in a tree retention plan shall be maintained.
(c) Maintenance of Preserved Grove. Any applicant who has trees identified for preservation as a grove pursuant to WMC 21.36.130(5) shall provide prior to occupancy the legal instrument acceptable to the City to ensure preservation of the trees and associated vegetation in perpetuity, except that the agreement may be extinguished if the Director determines that preservation is no longer appropriate.
(3) Nonnative Invasive and Noxious Plants. It is the responsibility of the property owner to remove nonnative invasive plants and noxious plants from the vicinity of any tree or other vegetation that the City has required to be planted or protected. Removal must be performed in a manner that will not harm the tree or other vegetation that the City has required to be planted or protected.
(4) Pruning. All landscape plantings and trees shall be pruned as necessary to maintain a healthy growing condition, to prevent primary limb failure, and to maintain adequate sight distance. Topping or pruning to the extent that would constitute “tree removal” as defined in WMC 21.11A.210 is prohibited. If a tree smaller than six inches in diameter-at-breast-height is topped or over pruned, it must be replaced. If a tree six inches or larger in diameter-at-breast-height is topped or over pruned, the property owner may be subject to enforcement actions pursuant to WMC 21.36.140.
(5) Landscape areas shall be kept free of weeds, trash, and debris. (Ord. 737 § 2 (Att. A), 2022)
21.36.130 Alternative options for landscaping.
This section sets forth allowances for modifying landscaping requirements under this chapter. Landscape options are discretionary and subject to Director approval only if they accomplish or exceed the intent of the landscaping type.
(1) Areas used for stormwater management that incorporate low impact development techniques such as bio infiltration swales approved by the City may be used to satisfy landscaping requirements under this chapter. The landscape requirements for plant sizes and spacing may be relaxed in the design of such low impact development facilities.
(2) Development that incorporates green roofs or rooftop gardens covering at least 50 percent of all building roofs may reduce the required landscaping area by 10 percent.
(3) Development with living walls or green walls covering at least 15 percent of all building walls may reduce the required landscaping area by five percent.
(4) The width of the perimeter landscape strip may be reduced up to 25 percent along any portion where:
(a) Berms at least three feet in height or architectural barriers at least four feet in height are incorporated into the landscape design; and
(b) The landscape materials are incorporated elsewhere on site.
(5) Sites retaining 10 significant trees per acre or a grove per acre may reduce required landscape area by up to 10 percent.
(6) Street perimeter landscaping may be waived, provided a site plan is approved that provides a significant amount of other pedestrian-related amenities and the area of the perimeter landscaping is incorporated elsewhere on site.
(7) Alternative landscape spacing under the recommendation of a landscape architect or arborist may be approved if spacing will ensure long-term landscape health and provide equivalent screening. (Ord. 737 § 2 (Att. A), 2022)
21.36.140 Financial guarantees for landscaping.
Financial guarantees are required to ensure the property installation, establishment, and maintenance of landscaping. Financial guarantees shall be provided as follows:
(1) A performance financial guarantee is required to be submitted prior to the issuance of any construction permits with landscaping improvements.
(2) A maintenance financial guarantee is required for a period of not less than three years after the landscaping is inspected and approved by the City.
(3) Financial guarantees for landscaping shall comply with the following conditions:
(a) A bond, cash deposit, line of credit, or other assurance device in a form approved by the Director shall be provided;
(b) The amount of a performance financial guarantee shall be 150 percent of the total estimated cost, including labor and materials, required to complete the approved landscaping plan to guarantee installation and the replacement of any plants that may die within two years of the posting of the financial guarantee; and
(c) The required landscaping shall be installed within the next planting season and no later than one year from the date of the issuance of the certificate of occupancy;
(d) Failure to install the required landscaping within the time specified may result in the City using the financial guarantee to install the required landscaping, or implement other enforcement action; and
(e) The Director may release the performance financial guarantee after the landscaping is inspected and approved by the City if the vegetation is in a healthy growing condition and a maintenance financial guarantee is provided to the City; and
(f) The maintenance financial guarantee may be in an amount less than subsection (3)(a) of this section provided the assurance device has sufficient funds to guarantee the establishment and maintenance of the landscaping over a three-year period as determined and approved by the Director. (Ord. 737 § 2 (Att. A), 2022)
21.36.150 Additional tree enforcement.
Where trees are removed as defined in Chapter 21.51 WMC in violation of this chapter, in addition to the enforcement provisions set forth in Chapters 1.06 and 21.12 WMC, the following shall apply to enforcement:
(1) Trees and landscaping unlawfully removed or damaged to the extent the vegetation becomes unhealthy shall be replaced in accordance with the requirements of this chapter.
(2) Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with this chapter.
(3) In cases where the violator intentionally or knowingly violated this chapter or committed previous violations of this chapter, additional restoration costs shall be paid at the discretion of the Director. In the case of trees, restoration costs may be based on the City-appraised tree value of the subject trees in which the violation occurred, utilizing the industry standard trunk formula method in the current edition of “Guide for Plant Appraisal.” If the diameter of removed tree is unknown, determination of diameter size shall be made by the Director by comparing size of stump and species to similar trees in similar growing conditions. The amount of costs above the approved restoration plan will be paid into the City tree fund.
(4) Failure to restore or pay fines shall result in the City not approving any project permit application, or approving or issuing any certificate of occupancy for property on which a violation of this chapter has occurred until the violation is cured by restoration or other means accepted by the Director and by payment of any penalty imposed for the violation. (Ord. 737 § 2 (Att. A), 2022)