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HomeMy WebLinkAboutR07-144 Land Use Regs AmendmentI`~ ~=-t'1 ~ ~ moved adoption
of the following Resolution:
BOARD OF EAGLE COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION N0.2007- I~
Eagle County File No. LUR 0056
Landscape Irrigation Regulations
IN THE MATTER OF AMENDING THE EAGLE COUNTY LAND USE
REGULATIONS TO:
^ Require the submittal of detailed landscape plans with applications for single family and
duplex building permits.
^ Refine content requirements for landscape plans submitted to the county.
^ Limit the amount turf allowed per residential unit
^ Limit pop-up spray irrigation to turf areas only (with some exceptions)
^ Require drip irrigation for all other landscaping
^ Encourage the use of low water consumptive, drought tolerant plant materials for all
landscape projects.
WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the
"Board"), is authorized, pursuant to state enabling legislation including, but not limited to, C.R.S. 30-28-
101, et seq., to plan for and regulate the use and development of land in the unincorporated territory of the
County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order,
prosperity, and welfare of the present and future inhabitants of the County of Eagle; and
WHEREAS, Eagle County is experiencing high rates of population growth, increased population
density and increased environmental pressures as a result of land development within Eagle County; and
WHEREAS, the construction of new developments within the County is placing significant
additional demands on the natural and human-made environment alike; and
WHEREAS, the volume and pace of land development in the County threatens the natural
environmental attributes of Eagle County; and
WHEREAS, the Board finds and determines that one of the primary roles of development review
is to ensure that changes in land use are awarded in such a manner that will promote and protect the
convenience, order, prosperity and welfare of present and future inhabitants and visitors of Eagle County;
and
WHEREAS, the Board finds and determines that the amendments to the Eagle County Land Use
Regulations as contained herein and attached as Exhibit `A', are necessary and designed for the purpose
of promoting the health, safety, convenience, order, prosperity and welfare of the present and future
inhabitants of Eagle County and are consistent with the County's goals, policies and plans, including the
Comprehensive Land Use Plan.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the
County of Eagle, State of Colorado APPROVED File No. LUR-0056 with the following condition:
1) That these amended Landscape Irrigation Standards will come into effect 60 days from the
date of adoption.
MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of
Eagle, State of Colorado, at its regular meeting held the 18th day of December, 2007, nunc pro tunc to the
11th day of December, 2007.
COUNTY OF EAGLE, STATE OF COLORADO,
by and through its BOARD OF COUNTY
COMMISSIONERS
ATTEST:
By:
By: 1 0-I`T~d~
nconi, Chairman
By:
Sara J. Fisher, ommissioner
B _ ~~
y:
-~- 0 Peter F. Runyon, Commiss' er
Commissioner ~` 5~~--~~ seconded adoption of the foregoing Resolution. The roll having been
called, the vote was as follows:
Commissioner Arn M. Menconi t~+-~'^
Commissioner Sara J. Fisher
Commissioner Peter F. Runyon ~
This Resolution passed by ~ vote of the Board of County Commissioners of the County of
Eagle, State of Colorado.
2
Clerk to the Board of
County Commissioners
~u ~.
EXHIBIT `A'
EAGLE COUNTY LAND USE REGULATIONS
DIVISION 4-2. LANDSCAPING AND ILLUNIINATION STANDARDS
SECTION 4-200. PURPOSE
The purpose of this Division is to provide standards for landscaping, water conservation relative to
landscaping, and illumination of development within unincorporated portions of Eagle County, so as to
maintain and enhance the character of residential neighborhoods, commercial centers and industrial areas.
This is accomplished by:
1. Setting minimum standards for planting within residential and non-residential development and
associated parking areas; to
2. Promoting and facilitating water conservation through the efficient utilization of water for
irrigation purposes;
3. Preventing degradation of water resources and related aquatic environments due to soil erosion
and low stream flow events.
4. Preventing property damage due to improper drainage.
5. 1~~Ii~imi~~g unsightliness through the use of landscape buffers and screening around and between
the County's more intensively developed areas.
6. Eliminating the spread of noxious weeds or invasive plant species.
7. Establishing standards to prevent illumination from becoming a nuisance to neighboring
properties or to motorists, while allowing illumination necessary for safety purposes.
SECTION 4-210. APPLICABILITY
These regulations are applicable to all new construction in the unincorporated territories of Eagle County,
and shall supersede the provisions of any previously approved Planned Unit Development which may
contain language contradictory in nature to the intent of these regulations. In the event that a previously
approved Planned Unit Development documents, including the Preliminary Plan, the PUD Guide and all
supporting materials contain language which is more restrictive than the language found in these
regulations, then the more restrictive language shall apply. The standards of this Division shall apply,
except as follows:
A. E~sting Structure. The standards of this Division shall not apply to remodeling, repair,
restoration, or alteration of an existing structure. However, additions or expansions that increase
the footprint of a commercial, industrial or multi-family structure by more than twenty-five (25)
percent shall comply with the standards of this Division to the maximum extent practicable.
Additions or expansions that increase the footprint of a single family or duplex structure by more
than twenty-five (25) percent shall submit landscaping plans that indicate adherence to the
landscape water conservation principles contained herein to the maximum extent practicable.
3
In applying this standard to additions or expansion of pre-existing development the property
owner may not be required to remove any existing established landscaping including turf grass
that was installed on the property in accordance with the provisions of these Land Use
Regulations, PUD Guides, Covenants or Design Guidelines that applied at the time of the
installation. The Community Development Director may require sprinkler system upgrades
pursuant to these regulations, if a significant improvement to water conservation over existing
conditions is achievable.
B. Governmental Entities. Governmental entities responsible for providing recreational amenities
including public recreation fields, sports fields, public golf courses and play areas shall be
exempt.
C. Golf Courses. Public and private golf courses shall be exempt; although water conservation
practices should be implemented on golf courses to the greatest extent practicable.
D. 35 Acre Parcels. The standards of this Division shall not apply to Use by Right residential use
on parcels thirty five (35) acres or greater in size within the Resource Zone District.
SECTION 4-220. LANDSCAPE PLAN
A. Landscape Plan Required. A landscape plan for all multi-family, commercial and industrial
development, prepared by a person who by reason of special knowledge of the principles and
methodology of landscape architecture and landscape design acquired by professional education,
practical experience, or both, is qualified to engage in the practice of landscape architecture and
whose competence has been attested through certification as a landscape architect within the State
of Colorado, shall be submitted for review as part of an application for building permits and other
development applications within Eagle County, except that development specifically exempted in
Section 4-210, Applicability.
A landscape plan for all single-family -and duplex residential structures shall be submitted for
review as part of an application for building permit within Eagle County, except that development
specifically exempted in Section 4-210, Applicability. The landscape plan is not required to be
prepared by a certified landscape architect unless the habitable space of the single-family
residence contains more than 5,000 square feet or, 10,000 square feet for both halves of a
residential duplex structure combined. In these instances, the landscape plan shall be prepared by
a certified landscape architect.
The landscape plan shall address the following types of issues:
1. Proposed Residential Subdivisions and PUD's. The landscape plan that accompanies a
proposed residential subdivision or PUD is intended to address issues such as where and
what type of trees and other landscaping will be placed, how common areas will be
treated, how areas graded or otherwise disturbed during development will be re-
vegetated, how landscaped areas will be irrigated and similar concerns. It is not
anticipated that landscaping for individual residential lots will be addressed in the
landscape plan for Subdivisions or PUD's. Regulations governing Public Rights of Way
and specified clear zones, pursuant to Chapter 5-30.01 and Article 4-230.A39.a of these
Land Use Regulations, must be applied. (am 3/12/02)
4
2. Single-Family and Duplez Lots The Landscape plan that accompanies building permit
applications for single-family and duplex residential structures is intended to address the
protection of existing plants, grading, revegetation of disturbed azeas and water
conservation.
3. Commercial, Industrial, Multi-Family and Other Development. The landscape plan
that accompanies a proposed commercial, industrial, multi-family or other type of
development is intended to address how azeas that aze not covered by impervious
surfaces will be treated and how such developments will be buffered from surrounding
land uses and major streets or roads.
B. Conceptual Landscape Plan. The landscape plan submitted with a Preliminary Plan for
Subdivision or Sketch Plan for PUD shall be a conceptual plan illustrating the overall intent of the
applicant with regazd to landscaping of commercial and industrial development, multi-family
development and common azeas /open space located within single-family and duplex residential
development. Site specific landscape plans for single-family and duplex residential lots shall be
required with application for building permit. Areas where trees, shrubs and ground cover will be
preserved, removed or replaced shall be identified. Proposed landscape azeas shall be labeled, to
identify the type of landscaping planned and the general size and number of plants that are
intended to be installed.
C. Detailed Landscape Plan. The landscape plan submitted with a Final Plat for Subdivision or
Preliminary-Plan for PUD or building permit for asingle-family or duplex residence or for any
other development requiring a landscape plan shall be a detailed plan showing how the applicant
intends to landscape the development. It shall contain the following materials:
1. Drawing. A dated, scaled drawing, including topographic information at two (2) foot
contour intervals, locating all lot lines and improvements to the property and any
easements of record. The drawing shall identify all existing deciduous trees and
coniferous trees of six inches (6") in caliper or greater that illustrates which trees will be
preserved and which will be removed or relocated, azeas where other existing vegetation
will either be preserved or removed, and the type, location, size and number of plants that
will be installed. Where it would be impractical to identify each tree, the drawing shall
outline the dimensions of groves of existing and proposed trees. The drawing shall also
show where how and what type of irrigation is to be provided. The size, quantity,
common name and botanical name of plants used, including ground cover shall be
labeled. When seed mixtures are used, the percentages of grass and/or wildflower
mixtures and seed application rates shall be specified.
2. Calculations. A summary of all calculations used to determine the landscaping required
for the site shall be provided, whenever applicable. The area of the property that is
proposed to be landscaped shall be identified in squaze feet and as a percentage of the
entire property. For single-family and duplex structures, the area proposed to be treated
with irrigated turf shall also be measured in squaze feet and cleazly indicated. For
required landscaping of pazking lots, the amount of the site proposed to be covered by
pazking azeas and the number of pazking stalls to be provided shall also be identified.
3. Cost Estimate. With the exception of single-family and duplex structures, an estimate of
the cost of supplying and installing the materials depicted in the landscape plan shall be
provided.
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4. Erosion Control. A description of how erosion will be controlled on-site during and after
construction shall be provided either on the landscape plan or in an associated
Construction Management Plan.
5. Maintenance Program. With the exception of single-family and duplex structures, a
description of the proposed program to maintain the landscaping after it has been
installed shall be provided.
SECTION 4230. LANDSCAPING DESIGN PRINCIPLES, STANDARDS AND
MATERIALS
A. Landscaping Principles Applicable to All Development.
1. Landscape developments shall be designed and installed to maximize the conservation of
water by incorporating the following seven (7) basic principles to the greatest extent
practicable:
a. Landscape improvements should be carefully planned and designed according to
water and maintenance needs.
b. The extent of turf should be limited to areas where it can be efficiently watered.
c. The most efficient irrigation water delivery systems should be used.
d. Where necessary, the water holding capacity of the soil should be improved
through the addition of soil amendments.
e. Final soil surfaces should be covered with organic or inorganic mulches to
control soil temperatures and retain moisture.
f. New plants should be hardy and drought tolerant, and should be grouped
according to sun and moisture needs.
g. All landscaping and irrigation systems should be routinely maintained to insure
proper function and adjusted to accommodate changes over time.
h. All landscapes should be regularly maintained with approved methods by the
State of Colorado to eliminate noxious weeds or invasive plants as found on the
current County noxious plant material list.
B. Location and Irrigation Standards for Required Landscaping.
1. Single Family and Duplez Lots. All portions of lots disturbed by construction and not
covered by impervious materials shall be landscaped in a manner consistent with the
unique ecosystem and specific environment in which the lot is located. Turf grass shall
specifically not be allowed on slopes steeper than 3:1.
2. Multi-Family, Commercial and Industrial Development. All portions of lots in
residential zones containing multifamily dwellings and all portions of lots in the
Commercial Limited (CL), Commercial General (CG), Industrial (I) zone districts and
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Planned Unit Developments (PUD), as applicable, disturbed by construction and not
covered by impervious materials shall be landscaped. Landscaping shall also be installed
to effectively buffer proposed commercial or industrial uses from surrounding residential
uses and to provide a landscaped buffer along collector and arterial streets or roads.
Regulations governing Public Rights of Way and specified clear zones, pursuant to
Chapter 5-30.01 and Article 4-230.A.9.a of these Land Use Regulations, must be applied.
(am 3/12/02)
3. Subdivision, Planned Unit Development (PUD) and Cluster Development.
Landscaping shall be provided in a residential subdivision, planned unit development or
cluster development, in a manner which is most consistent with the chazacter planned for
the development, the unique ecosystem and specific environment in which the
development is located. Water intensive landscape treatments and turf areas should be
minimized to the greatest extent practicable and in conformance with the principles and
standards of this Division 4-2. Irrigated turf should not be used as a treatment in traffic
medians. Where units aze developed in clusters, landscaping should also be provided
azound clusters of units, to create a buffer between denser clusters and lower density and
open azeas. Landscaping should preserve or replace existing trees, shrubs and ground
cover in azeas disturbed by development to the greatest extent practicable while
remaining in conformance with Section 4-430, De eloument in Areas Subiect to Wildfire
Hazards and Chapter III, Section 3.12.1, Wildland Fire Re lgu ation of these Land Use
Regulations.
4. Irrigation. Irrigation Plans submitted shall depict a water efficient design responsive to
different site water needs based on aspect, exposure, soil conditions and surface
treatments. Sketch and Preliminary Plan Applications for Subdivision or PUD shall
indicate in text or on a plan the method of irrigation for specific areas (natural un-
irrigated, flood irrigation, sprinkler system, drip system, etc.) Applications for Final
Subdivision Plat and PUD Final Plat shall include detailed irrigation plans and
specifications. Detailed site specific imgation plans for single-family and duplex
residential lots will be required with application for building permit. (See also Section 4-
240.A.5 Installation and Maintenance Requirements. Irriaation•System)
a. Use of Raw Water. Developments on land that has access to agricultural
irrigation water rights aze required to design and utilize a separate raw water
system to accommodate all long term landscape irrigation needs.
b. Limitation on Pop-np Spray Heads. The use of above-ground, pop-up spray
heads shall be limited to manicured turf azeas only. Drip, micro jet or other low
water consumptive water delivery systems shall be used for all other planted
azeas.
(1) Exception for Temporary Irrigation. Non-permanent spray systems
may be used on a temporary basis to promote seed germination in
revegetated azeas. Irrigation shall be discontinued once a healthy stand of
vegetation has been established.
(2) Exception for Homes in Areas of Moderate, High or Extreme
Wildfire Danger Above ground spray heads may be used to irrigate
landscape improvements within the 15 foot "Zone 1" defensible space
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area for homes located in areas of moderate, high or extreme wildfire
danger.
(3) Exception for "dirty" water. In those instances where un-filtered
irrigation water precludes the use of drip, micro jet or other low water
consumptive delivery systems, alternative water delivery systems maybe
used to irrigate landscape improvements.
5. Living Cover. All required landscape areas shall be landscaped. Non-living ground
cover is encouraged, to the greatest extent practicable in the drier climates of the County,
and may include decorative gravel, bark mulch, river rock or similar materials.
Decorative elements, such as walks, decks, terraces, water features and similar
treatments maybe provided.
6. Plants Compatible with Local Conditions. All plants used for landscaping shall be
compatible with the local climate and the soils, drainage and water conditions of the site.
When planting occurs on hillsides, slopes, drainage ways or similar natural areas, plant
material should duplicate adjacent plant communities both in species composition and
spatial distribution patterns. Whenever possible, landscaping should consist of drought-
resistant varieties and employ low water consumptive design principles. Plant varieties
adapted to local soil conditions and exposures should be used for all areas scheduled for
drip irrigation.
7. Save Existing Vegetation. The landscape plan shall be designed so that healthy trees,
native vegetation and natural or significant rock outcroppings and other valued features
are preserved and integrated with planted areas. Existing trees and shrubs that are
preserved shall count toward the landscaping standards of this Division. Any existing
tree in healthy condition of six (6) inches in caliper or greater that is retained may be
substituted for two (2) required trees. Conformance with Section 4-430, Development in
Areas Subject to Wildfire Hazards and Chapter III, Section 3.12.1, Wildland Fire
Re lgu ation of these Land Use Regulations must be adhered to when deternuning which
existing trees and shrubs to preserve. Additionally, vegetation to be preserved must
comply with any Wildlife Enhancement Plans included as part of a subdivision and / or
Planned Unit Development approval.
8. Type and Extent of Sod Turf grasses can be high water consumptive plants. Where
turf is allowed, drought tolerant turf grasses should be used, unless anticipated uses
(sports fields, high traffic areas) specifically require more resilient species. In addition to
the avoidance of slopes steeper than 3:1, the following turf area restrictions shall apply to
single-family and duplex lots:
a. Residential structures with habitable space of 2000 square feet or less shall be
limited to 3000 square feet of irrigated turf, as depicted on the landscape plan.
b. Residential structures with habitable space that exceeds 2000 square feet shall be
limited to 3000 square feet of irrigated turf, plus 30% of the increment of
habitable space exceeding 2000 square feet, as depicted on the landscape plan.
c. The maximum amount of irrigated turf for any single family or duplex residential
structure or lot shall be 5000 square feet.
8
d. Allowance for Lots Bordering Golf Course. Single Family and Duplex lots
immediately adjacent to manicured turf areas of golf courses shall be allowed an
additional 1500 square feet of turf within the side yard or rear yard setback in
order to facilitate an appropriate blending of manicured landscape elements.
e. Exemptions to Irrigated Turf Limitations. The Director of Community
Development may exempt homes from the above turf area restrictions if it can be
clearly demonstrated that the addition of irrigated turf over and above that
allowed will not result in the use of more water than would otherwise have been
consumed by a landscape plan conforming to these standards. A written request
for exemption is required, and should include details regarding the raw water
delivery system, water rights information, a letter from the water provider, ditch
operator plan details, specifications, Design Review Board or Home Owners
Association approval and{er any other information deemed relevant by the
Director.
9. Minimum Size. Landscaping within a clear vision area shall comply with the height
limitations of Section 4-230 A.12.a., Clear Vision Area. Otherwise, trees and shrubs
depicted on the landscape plan shall be of at least the following minimum size at the time
of their planting, unless a larger tree size is specified in any applicable development
permit for buffering, screening or planting on the subject property.
a. Deciduous Trees. Deciduous trees shall be a minimum of one and-half (1-1/2)
inches in caliper, measured four (4) feet above the ground.
b. Coniferous Trees. Coniferous trees shall be a minimum of four (4) feet in
height, measured from the top of the root ball to the top of the tree.
c. Ornamental Trees. Ornamental and flowering trees shall be a minimum of one
and one-half (1.5) inches in caliper, measured four (4) feet above the ground.
d. Shrubs and Vines. Shrubs shall be in a minimum three (3) gallon container, and
shall be a minimum of one (1) to two (2) feet in height. Vines shall be in a
minimum one (1) gallon container.
10. Minimum Number of Trees and Shrubs within Required Landscape Area.
Landscape areas that are provided in order to comply with the maximum lot coverage
standards of the Residential Multi-Family (RMF), Residential Suburban Medium Density
(RSM), Residential Suburban Low Density (RSL), Commercial Limited (CL),
Commercial General (CG), Industrial (n and Rural Center (RC) zone districts shall
comply with the applicable standards from Table 4-230, Number of Trees and Shrubs
Within Required Landscape Area.
9
TABLE 4-230
NUMBER OF TREES AND SHRiJBS WITHIN REQIIIItED LANDSCAPE AREA*
Dimensions of Required Landscape Area Minimum Number of Required Trees and
Shrubs
Ten (10) to fifteen (15) feet in width One (1) tree and six (~ shrubs per two hundred-
fifty (250) s . ft. of landsca ed area
Fifteen (15) to twenty-five (25) feet in width One (1) tree and six (6) shrubs per two hundred-
seventy-five (275) s . ft. of landscaped area
More than twenty-five (25) feet in width One (1) tree and six (6) shrubs per three hundred
300 s . ft. of landsca ed area
Note * See text of Section 4-230 B.7 to determine applicability of these standards.
11. Trees within a Paved Area. Any tree planted within a paved area shall be placed in a
tree vault and shall have a tree grate installed around its trunk. A structural soil mix
composed of the following three components mixed in the following proportions by
weight is required: crushed stone (100 parts); clay loam (20 parts), and; hydrogel (0.03
parts) which provides support for the paved system while allowing for the expansion of
the root system.
12. Parking and Storage Prohibited. Areas required as landscaping shall not be used for
parking, outdoor storage and similar uses, but may be used for snow storage if properly
designed for this function. Hardy tree and shrub species appropriate for planting in snow
storage areas should be utilized in designated snow storage areas.
13. Obstructions Prohibited.
a. Clear Vision Area. A clear vision area shall run along property lines and along
the entrance to the site. Plant materials shall be limited to thirty (30) inches in
height at maturity within the clear vision area, so as to avoid visibility
obstructions or blind corners at intersections.
b. Fire Hydrants and Utilities. Landscaping shall be installed so it does not
obstruct fire hydrants or utility boxes and so it will not grow into any overhead
utility lines.
c. Street Trees. Any tree planted along the street shall be located a minimum of
five (5) feet from the curb or the edge of the street, to provide room for snow
plowing, street maintenance and opening of caz doors. The installation of street
trees and associated irrigation systems shall be subject to review and inspection
by the County Engineering Department and, for planting along public streets or
roads only, the County Road and Bridge Department, to ensure the trees do not
create use conflicts or safety hazards and to determine maintenance
responsibilities for the trees.
C. Landscaping Standards within Off-Street Parking Areas. All off-street parking areas
containing fifteen (15) or more spaces, except for enclosed or sub-grade parking structures, shall
10
provide the following forms of landscaping:
1. Planting Strips. There shall be a planting strip provided along all property lines where. a
street right-of--way is located adjacent to the parking area.
a. Width. The planting strip shall have a minimum width often (10) feet.
b. Screen. A minimum of eighty (80) percent of the length of the planting strip
shall be used to screen the parking area from the street. The screen shall be a
minimum of thirty (30) inches in height and may consist of a berm, wall, plant
material or combination thereof; however, the clear vision area shall be
maintained.
c. Trees. A minimum of one (1) tree shall be planted for every twenty-five (25)
linear feet of the planting strip. The trees may be grouped together, provided the
grouping does not leave a gap between individual trees or tree groups that
exceeds forty (40) feet.
2. Interior Planting Areas. Planting azeas shall be established to break up the interior of all
parking areas.
a. Minimum Area. A minimum of five (5) percent of the interior area of the
parking area shall be required landscaping.
b. Islands. One (1) planting island that is a minimum of six (6) feet wide shall be
provided for every fifteen (15) parking spaces. The planting islands shall be
dispersed throughout the parking area, to provide visual relief and shade.
c. Parldng Rows. Where double rows of pazking are planned, there shall be a
center planting strip installed that is a minimum of seven (7) feet wide. Where
any parking row is adjacent to a circulation way, there shall be a planting strip
installed that is a minimum of seven (7) feet wide.
d. Trees. There shall be a minimum of one (1) tree planted in each planting island.
Within each planting strip, there shall be a minimum of one (1) tree planted for
every twenty-five (25) linear feet of planting area.
SECTION 4240. INSTALLATION AND MAINTENANCE REQUIREMENTS
A. For All Developments Except Single Family and Duplez Lots
1. Collateral. Prior to the issuance of any development permit, the Community
Development Director may require the applicant to submit to the County a surety or cash
bond, letter of credit or other collateral found to be suitable by the County Attorney to
guarantee the installation of the required landscaping and irrigation system. The
collateral shall be in an amount equal to one hundred-twenty=five (125) percent of the
total cost of supplying and installing the materials depicted in the approved landscape
plan, based on the cost estimate provided by the applicant and accepted by the County.
When collateral has not been required to be submitted prior to the issuance of a
development permit, then no certificate of occupancy shall be issued for any portion of
11
the development until the required landscaping has been installed or until a suitable
collateral has been provided to guarantee that required landscaping will be installed
within the first planting season following occupancy of the property. Collateral shall not
be required for the landscaping and irrigation systems on individual single-family or
duplex residential lots.
2. CertiScation and Release. Following installation of the required landscaping, the
applicant shall certify that the landscaping has been installed in conformance with the
approved plan. The performance guarantee shall be released within ten (10) working
days following receipt of the certification and inspection by the County.
3. County Use of Security. In the event the landscaping for items contained within the cost
estimate is not installed, or is installed in a manner that does not conform to the approved
plan, the County may draw upon the security to bring the landscaping into conformance
with the approved plan.
4. Required Time For Completion. All required landscaping shall be installed within the
first planting season following occupancy of the property. When phasing of a project's
construction is approved, then installation of required landscaping may be phased
consistent with the project's approved development phasing. For the purposes of this
regulation, planting season begins April 1~ and extends through October 31~.
5. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area
that is live cover that cannot be naturally sustained with adequate moisture for the types
of plants existing or installed. With the exception of exemptions listed in Section 4-
230.A.3.b, the use of above-ground spray heads shall be limited to manicured turf areas
only. Drip, micro jet or other low water consumptive water delivery systems shall be
used for all other planted areas. Anon-potable raw water system should be utilized
whenever practical, so long as it can be demonstrated to be an efficient and
environmentally conscientious approach to the satisfaction of the Community
Development Director. The use of other water-conserving techniques such as Smart
Controllers (Smart Controllers measure the site-specific soil moisture content,
temperature, wind speed, soil type and can be programmed for different plant types) grey
water systems, the avoidance of day-time irrigation, the installation of rain sensors, and
the design of irrigation zones that accommodate the physical characteristics of the site
and/or the groupings of vegetation installed must be employed to the greatest extent
practicable.
6. Maintenance. All landscaping shall be healthy at the time of its installation and shall
meet the standards of the American Association of Nurserymen. Landscaping shall be
maintained so that it remains alive, or replacement is required and shall be enforced
pursuant to Chapter I, Section 1.14, Enforcement of these land use regulations.
a. Landowner Responsible. Maintenance of landscaped areas shall be the
responsibility of the landowner.
b. Replacement. Landscaping that does not survive within the first three (3) years
after it is planted shall be replaced within three (3) months after it perishes,
unless that date is not during a planting season, in which case it shall be replaced
during the first month of the next planting season. The replacement vegetation
shall be similar in size, type and .amount to the vegetation that perished, so the
12
integrity of the landscape plan is preserved and shall be in compliance with any
approved Wildlife Enhancement Plans included as part of a subdivision and / or
Planned Unit Development approval.
c. No~ous Plant Materials. Weed control shall be required. Plant materials as
listed on the most current noxious plant material list adopted by the Board of
County Commissioners shall not be allowed as landscaping, and must otherwise
be managed in compliance with applicable State and County regulations.
B. For Single Family and Duplex Lots
1. Required Time For Completion. Not withstanding requirements related to any other
applicable permits, unless provided by the terms of deed restrictions, a subdivision
improvements agreement or the terms of the Planned Unit Development documents, the
owner of asingle-family or duplex residence shall be required to complete installation of
. the landscaping, per the approved plan, within one growing season after receiving a
Certificate of Occupancy. For the purposes of this regulation, growing season begins
April 1~` and extends through October 31~.
2. Irrigation System. Irrigation shall only be applied to that portion of the landscaped area
that is live cover that cannot naturally be provided with adequate moisture for the types
of plants existing or installed. The use of above-ground spray heads shall be limited to
manicured turf areas only. Drip, micro jet or other low water consumptive water delivery
systems shall be used for all other planted areas. The use of non-potable or raw water
irrigation systems, wherever practical, efficient and environmentally conscientious, is
required. To the greatest extent practicable, the landowner is encouraged to employ other
water-conserving techniques such as the avoidance of day-time irrigation, the installation
of rain sensors, Smart Controllers (Smart Controllers measure the site-specific soil
moisture content, temperature, wind speed, soil type and can be programmed for different
plant types) and the efficient design of irrigation zones that accommodate the physical
characteristics of the site and/or the groupings of vegetation installed.
3. Maintenance Responsibility. The landowner shall be responsible for the maintenance of
all landscaped areas. Periodic weed control shall be required, and plant materials listed
on the most current noxious plant material list adopted by the Board shall not be allowed
as landscaping, and must otherwise be managed in compliance with applicable State and
County regulations.
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