9-1-19-22A Policy 22 (absolute) landscaping

9-1-19-22A: POLICY 22 (ABSOLUTE) LANDSCAPING:

A. General Statement: The town finds that it is in the public interest for all developments to maintain healthy trees and to provide landscape improvements for the purposes of: complementing the natural landscape and retaining the sense of a mountain environment; improving the general appearance of the community and enhancing its aesthetic appeal; preserving the economic base; improving the quality of life; delineating and separating use areas; increasing the safety, efficiency, and aesthetics of use areas and open space; screening and enhancing privacy; mitigating the adverse effects of climate, aspect, and elevations; conserving energy; abating erosion and stabilizing slopes; deadening sound; and preserving air and water quality.

To ensure that landscaping is provided and maintained, the following requirements for the installation, maintenance, and protection of landscaped areas must be met for every project for which a development permit is issued under this chapter.

B. Landscaping Requirements:

1. Each property shall provide a separation of uses, enhancement of privacy, and the protection of viewsheds from public rights-of-way as appropriate for each neighborhood. These requirements shall be met through existing vegetation, or with new landscaping providing adequate screening of the property as provided in this policy. The individual character of each neighborhood shall be considered by the Planning Commission in determining compliance with this requirement.

2. An unscreened industrial or commercial storage area shall be screened from view from adjacent public rights- of-way and adjacent properties by use of landscaping, berms, or a combination of landscaping and other features. Required screening shall be a minimum height of six feet (6').

3. When a parking lot and a public right-of-way are contiguous, a landscaped area a minimum of five feet (5') in width separating the parking lot from the right-of- way shall be provided to effectively screen the parking lot.

4. All planting materials proposed in areas also designated as snow stacking areas or anticipated snow shedding areas shall be of a size and type that will not be adversely affected by the proposed snow storage. To the extent possible, newly planted trees shall not be located in areas that will be used for snow storage or snow shedding.

5. Any site contiguous to or facing any existing or future residential use shall screen its parking lot, loading dock, and similar uses from view from adjacent properties through the use of landscaping elements. Required screening shall be a minimum height of four feet (4').

6. All surface areas of the approved landscaping plan that will not be a hard surface shall be planted with adequate native or high altitude ground cover as approved by the town, and shall be top dressed with a minimum of two inches (2") of topsoil prior to planting. In addition, irrigation shall be provided when determined by the town to be necessary to assure the proper growth and maintenance of the landscaping being provided. A required irrigation system shall be maintained on an annual basis.

7. Revegetation measures, including, but not limited to, seeding with native or high altitude seed mixtures, biodegradable netting, straw, mulching, and irrigation to establish plantings on cut/fill slopes, are required. Cut and fill slopes intended for plantings shall not exceed a two to one (2:1) gradient. Retaining walls shall be required for all gradients greater than two to one (2:1).

8. Not less than six percent (6%) of the interior area of a parking lot shall be landscaped.

9. Not less than six percent (6%) of a site containing a business with a drive-through facility shall be landscaped.

10. Site plans shall be designed to avoid conflicts with parking areas and landscaping materials. Wheel retention devices shall be utilized for parking areas to protect landscaping where possible. The design of wheel retention devices will be reviewed on a case by case basis to allow for positive drainage and so as not to interfere with snow removal operations.

11. At least fifty percent (50%) of all tree stock shall be of a size equal to or greater than six feet (6') in height for evergreen trees and one and one-half inches (1 1/2") caliper for deciduous trees, measured six inches (6") above ground level. Such trees shall be in a minimum of: a) five (5) gallon containers, if container stock; b) twelve inch (12") root spread, if bare root stock; or c) fourteen inch (14") ball diameter if balled and burlapped with the ball depth not less than seventy five percent (75%) of diameter or three-fourths (3/4) of width. Size adjustments reflecting the growth habits of particular species may be made if approved by the planning commission. (Refer to "Landscaping Guidelines" for further details.)

12. At least fifty percent (50%) of all shrub stock shall be of a size equal to or greater than type 2, four (4) cans or more, two feet (2') and up, if deciduous; type 1, twelve inch (12") spread, if creeping or prostrate evergreens; or type 2, twelve inch (12") spread and height, if semispreading evergreens. Size adjustments reflecting the growth habits of a particular species may be made if approved by the planning commission. (Refer to "Landscaping Guidelines" for further details.)

13. All plant materials shall be specified and provided according to the nursery stock standards and adapted to a high altitude environment, or an elevation appropriate for the site. Applicants are encouraged to provide additional information to the town beyond the minimum information stated in the nursery stock standards including, but not limited to, a more definitive indication of size, quality, shape, confirmation, condition, and/or the method of transplanting the plant materials.

14. Large trees shall be staked in compliance with the nursery stock standards.

C. Required Wildfire Mitigation:

1. The creation of defensible space around structures is required for all new construction and for major remodels¹ that affect the exterior of a structure and/or a structures footprint.

2. Properties within the conservation district, and those master planned properties with approved setbacks smaller than the setbacks described in section 9-1-19-9A, "Policy 9 (Absolute) Placement Of Structures", of this chapter, shall be given special consideration to allow for site buffers and screening to be created and maintained while still meeting the intent of reducing wildfire fuels.

3. The following standards shall apply to the creation of defensible space around a structure:

a. The property shall be divided into three (3) zones. Zone one shall be measured thirty feet (30') from the eaves of the building or structure including attached structures or protrusions, such as a deck on the property. Zone two shall be measured seventy five feet (75') or greater from the eaves of the building or structure including attached structures or protrusions, such as a deck on the property, depending on slope from the eaves of the building or structure on the property, and shall exclude the portion of the property located within zone one. Zone three shall extend beyond zone two to the property boundary.

b. Except as may be required to comply with the requirements of title 5, chapter 11 of this code concerning mountain pine beetle infested trees, no portion of any property may be "clear cut" in order to achieve defensible space.

c. Except as may be required to comply with the requirements of title 5, chapter 11 of this code concerning mountain pine beetle infested trees, no more trees shall be allowed to be removed than are necessary in order for the landowner to create defensible space around his or her property.

d. Both the horizontal clearance between aerial fuels, such as the outside edge of the tree crowns or high brush, as well as the vertical clearance between lower limbs of aerial fuels and the nearest surface fuels and grass/weeds, shall be considered when determining compliance with the defensible space requirements of this policy.

e. Each property shall be reviewed individually, and the location and other physical characteristics of the property shall be considered. Without limiting the generality of the preceding provisions, the planning commission shall consider the property's proximity to a roadway, parking lot, and other similar areas that create fuel firebreaks. Similarly, large tracts of open space and forest service land that may require larger buffers shall be considered.

4. The following specific standards apply to the creation of defensible space within zone one:

a. Healthy trees, shrubs, and other landscaping materials that provide visual buffers shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.

b. Healthy trees, shrubs, and other landscaping material required by an existing approved landscape plan shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.

c. Other healthy firewise trees, shrubs, and other landscaping material shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.

d. Irrigated trees, shrubs, and other landscaping material may be preserved if they are pruned to remove dead branches and well spaced to reduce the risk of a fire spreading to other vegetation or structures.

e. All dead and diseased trees, shrubs, and other landscaping material shall be removed.

f. All vegetation and combustible material shall be removed from under all eaves and decks.

g. All leaf clutter, dead branches, and dead standing trees shall be removed from the property. Dead branches on living trees shall be trimmed to a minimum height of six feet (6') and a maximum height of ten feet (10') above the ground.

h. All grasses and ground cover shall be kept under six inches (6") in height.

Exception: Plantings located in an irrigated planting bed, and wildflowers or native grasses; however, wildflowers and native grasses shall be cut back to under six inches (6") in height in the fall of each year once they go to seed.

i. All leaf and needle clutter and combustible ground debris shall be removed. Mulch within landscape beds that are irrigated may be maintained at a maximum depth of three inches (3").

j. All firewood shall be removed unless covered by a canvas tarp, or as approved by the fire district.

5. The following specific standards apply to the creation of defensible space within zone two:

a. Healthy trees, shrubs, and other landscaping material required by an approved landscape plan shall be preserved.

b. Healthy trees, shrubs, and other landscaping material that provide visual buffers shall be preserved if they are well spaced so as to reduce the risk of a fire spreading to other vegetation or structures, but shall be pruned to remove dead branches.

d. Irrigated trees, shrubs and other landscaping material may be preserved if they are pruned to remove dead branches and are well spaced to reduce the risk of a fire spreading to other vegetation or structures.

e. All dead and diseased trees, shrubs, and other landscaping material shall be removed. However, one snag per acre may be preserved for wildlife habitat if it is well spaced to avoid the spread of fire to other vegetation or structures.

f. Trees shall be thinned to open up crown spacing to a minimum of ten feet (10') between the widest portion of individual crowns of the trees.

g. Groups of trees with a minimum of ten feet (10') between the edges of the widest portions of crowns of each grouping shall be preserved to allow buffers to remain and to prevent wind throw.

h. Firewood may be maintained if an adequate buffer around the firewood is determined to exist by the fire district.

6. The following specific standards apply to the creation of defensible space within zone three:

a. All dead and diseased trees, shrubs, and other landscaping material shall be removed. However, one snag per acre may be preserved for wildlife habitat if it is well spaced to avoid the spread of fire to other vegetation or structures.

7. New landscaping installed on a property shall comply with the requirements of subsections C(4), C(5) and C(6) of this section.

D. Water Features:

1. A water feature shall meet all required setbacks for structures. A water feature shall not be located on a site outside of a disturbance envelope. A water feature shall not be permitted if the construction of the water feature would result in the removal of an existing specimen tree, or a tree that provides required site buffering; provided, however, that: a) if a tree that provides site buffering must be removed to allow for the installation of a water feature, a replacement tree comparable in type, height, and caliper shall be placed in a location designated by the planning commission so as to provide equal site buffering from adjoining properties; or b) if a specimen tree must be removed to allow for the installation of a water feature, a replacement specimen tree comparable in type, height and caliper shall be placed in a location designated by the Planning Commission.

2. The use of glycol or other antifreezing additives within a water feature is prohibited.

3. An application for a water feature that is proposed for year round use may be assessed negative points under section 9-1-19-33R, "Policy 33 (Relative) Energy Conservation", of this chapter.

E. Required Maintenance Of Landscaping:

1. The following maintenance is required of all landscaping contained within an approved landscape plan:

a. All plantings on the property shall be maintained in a healthy and attractive condition. Maintenance shall include, but not be limited to, watering, fertilizing, weeding, cleaning, pruning, trimming, spraying, and cultivating.

b. The property shall be kept free of noxious weeds as designated in the town's noxious weed management plan adopted in title 5, chapter 10 of this Code, as amended from time to time.

c. Structural features installed on the property in connection with an approved landscape plan, such as fencing and planter boxes, shall be maintained in a sound structural and attractive condition.

d. Whenever plants that are part of an approved landscape plan are removed or die, they shall be replaced by planting materials as soon as possible. This includes existing vegetation and/or specimen trees that are important to the intent of the overall landscape plan. Replacement plantings shall meet the original intent of the approved landscape design as appropriate for the character of the neighborhood.

2. The following maintenance is required of all landscaping located on a property, regardless of whether such landscaping is described in an approved landscaping plan:

a. Selective tree cutting/thinning to maintain the health of the tree stand and to allow for greater species diversity is appropriate; provided that effective screening is maintained to protect viewsheds, blend the development into the site, and provide privacy between properties.

b. Dead and terminally diseased trees shall annually be: 1) cut as close to the ground as possible; 2) removed from the property; and 3) disposed of properly. (Refer to the "Landscaping Guidelines" for references on common diseases and infestations that affect vegetation at a high altitude.) (Ord. 1, Series 2011)

1See "major remodel" contained within the definition of "Class D development" in section 9-1-5 of this chapter.