Chapter 17.50
LANDSCAPING
Sections:
17.50.010 Purpose and intent.
17.50.020 Areas of application.
17.50.030 Application/review procedures.
17.50.040 General standards.
17.50.050 Minimum area standards.
17.50.060 Street frontage requirements.
17.50.070 Perimeter landscaping.
17.50.080 Parking lot landscaping.
17.50.090 Screening requirements.
17.50.100 Minor modifications.
17.50.010 Purpose and intent.
Landscaping is necessary to provide a well-balanced, aesthetically pleasing environment for the residents and visitors of Burlington. Specifically, these requirements are intended to accomplish the following:
A. Maintain and enhance property values;
B. Enhance the appearance of the development;
C. Provide adequate buffers between different uses;
D. Improve the character and appearance of the city;
E. Reduce erosion and stormwater runoff, and provide areas for biofiltration of sediments and oils;
F. Retain and incorporate existing significant trees and natural drainage areas into site plans to the maximum extent practical. (Ord. 1162 § 2, 1990).
17.50.020 Areas of application.
The standards of this section shall apply to all development within the city, except:
A. A single-family residence in any district in which a single-family residence is allowed;
B. Where 100 percent lot coverage is permitted by buildings and the proposed project covers 100 percent of the lot. Landscaping shall be provided as feasible on such sites, focused on improving the appearance of the site from the public right-of-way. (Ord. 1304 § 1, 1995; Ord. 1162 § 3, 1990).
17.50.030 Application/review procedures.
A. Submittal Requirements. Landscape plans shall be submitted to the planning department, and shall include locations, spacing, quantities and sizes of proposed plants, dimensions of planting areas, calculation of percentage of site to be landscaped, staking and planting plans, irrigation plans (may be on separate sheet), and other nonplant features to be included in the landscaping, such as river rock, pedestrian paths, benches, large stones, garden ornaments, or special lighting features. Three sets of drawings shall be submitted.
B. Planning Department Review. The planning department shall review all landscape plans under the provisions of this chapter and may approve, deny, or approve with conditions, landscape plans for any development which does not require planning commission review under this chapter. In addition, the planning department shall review and recommend action to the planning commission on the landscape plans for any development subject to planning commission review. The planning commission, or site plan review committee may authorize the planning director to review any landscape plan, or final landscape plan, for any development which has come under their review.
C. Planning Commission Review. Landscape plans for any development subject to a public hearing review, or plan review by the planning commission, under chapter 17.48 BMC, shall be reviewed by the planning commission, who may approve, deny, or approve with conditions, the proposed landscaping. The planning commission may authorize the planning director, or the site plan review committee, to review any landscape plan.
D. Minor Modifications. Any applicant, or the planning director, may request modification of any standard specified under this chapter, subject to the provisions of BMC 17.50.100. (Ord. 1162 § 4, 1990).
17.50.040 General standards.
The following general standards shall apply to all landscaping required under this section:
A. Landscape Materials. Landscape materials shall be defined as evergreen or deciduous trees, shrubs, and groundcover plants, perennial or annual flowers, and lawn. River rock, driftwood, bark, rockeries, ornamental or decorative walkways (provided both sides abut landscaping), may be included. Suggested plant materials suited to the unique soils, geology, and weather patterns of Burlington shall be available at City Hall. No artificial lawn or plants will be permitted in landscaped areas.
B. Existing Site Vegetation. Significant existing trees and shrubs shall be incorporated into the landscaping as much as possible. “Significant trees” shall be those evergreen and deciduous trees at least six inches in diameter at a point five feet above ground level. The site plan for the project shall include the location of significant trees, and shall identify which trees will be retained on the site. Care shall be taken in the grading and construction process so as not to disturb the roots within the drip line of existing trees to be retained, and to ensure proper irrigation.
C. Erosion Control Plan. The city may require temporary erosion sedimentation control measures as part of the landscape plan for the development. Sloped areas of the site shall be protected during construction, and planted with vines or other ground cover materials that will provide 90 percent coverage within 18 months of planting.
D. Pollution Control. It shall be the responsibility of the property owner to insure that storm runoff from landscaped areas does not contain excessive amounts of fertilizer, insecticides and herbicides that may be harmful to aquatic life, and to take measures to prevent runoff water impacts as required by the Departments of Ecology and Wildlife.
E. Corner Vision. Along street frontages, within 30 feet of a driveway, alley, or street intersection, no shrubs shall be higher than 30 inches and no trees shall have branches or foliage below eight feet above street level.
F. Safety Features/Utilities. Installation of landscape materials shall not obstruct access to fire hydrants, standpipes, sprinkler connections, utility vaults, pedestals, and other public and private utility facilities.
G. Right-of-Way Landscaping. In addition to all other landscaping requirements, the developer shall landscape the unused right-of-way between the front property line(s) and the improved roadway. Where a street is at its ultimate width, unused right-of-way is defined as the area between the property line and the curb or edge of pavement. Landscaping within the right-of-way shall satisfy the corner vision and safety feature provisions of this section. In most cases, low shrubs and ground cover plantings similar to those used on the site will be preferred. Trees should be placed on private property whenever possible. Maintenance of landscaping in the right-of-way shall be the responsibility of the owner of the property adjacent to the right-of-way.
Nothing in this section shall create or imply any interest of the property owner in the right-of-way. At such time as the city, county or state shall need to use the right-of-way, removal of the landscaping shall be the responsibility of the property owner. If such landscaping is not removed, it may be destroyed by the city, county or state.
H. Irrigation/Watering System. An irrigation system, or alternative watering system, shall be required. For smaller projects, an acceptable alternative would be the location of hose bibs in locations where hoses do not have to extend over parking lots or driveways to rear planting areas. The applicant shall contact the Public Utility District or applicable water purveyor to determine if any backflow prevention device is necessary; if so, such a device will be installed as required. Irrigation may be provided from shallow wells tapping ground water sources.
I. Maintenance. All landscaping and screening areas shall be maintained in a healthy, growing condition. Broken, dead, or dying trees, shrubs, or other plants shall be replaced. All landscaping and screening shall be kept reasonably free of weeds and trash. Any property owner who fails to reasonably maintain landscaping and screening areas will be considered to have committed an offense under this code.
J. Performance Assurance/Bonding. Unless otherwise required by the planning commission, all landscaping and screening required under this chapter shall be installed prior to occupancy of the development. In the event that landscaping improvements cannot be installed prior to application for occupancy, a cash deposit or other assurance acceptable to the city equal to 120 percent of the estimated installation costs shall be required. Such deposit shall be accompanied by a letter which shall stipulate completion of all landscape development no later than six months after the issuance of the certificate of occupancy or date of final approval, whichever is later. If these conditions are not met, the city may use the deposit to perform the landscape development. (Ord. 1162 § 5, 1990).
17.50.050 Minimum area standards.
A. Basic Requirements. The percentage of gross site area to be landscaped is to be regarded as the minimum. In the event that, because of lot configuration, adjacent land uses, or special circumstances, more landscaping is required to meet all requirements of this code, the higher amount of landscaping shall be required. The minimum landscaping area requirements indicated below may include landscaping around buildings, along road frontages, in parking and loading areas, and outdoor recreational use areas, as required in this section. Area within the right-of-way may be used to satisfy up to 20 percent of the minimum requirements.
|
Zoning Classification |
Percent of Gross Site Area |
|
Multifamily (R-3 and R-2) |
15 |
|
General/Heavy Commercial District (C-1 and C-2) |
10 |
|
Multifamily in Commercial District |
15 |
|
Semi-Public (R-S) |
15 |
|
Business District (B-1) |
10 |
|
Business Park District (BP) |
10 |
|
Industrial District (M-1) |
5 |
|
Commercial Uses in Industrial Districts |
10 |
|
Short Plats, Subdivisions, and Cluster Developments - see BMC 17.50.050 C and BMC 17.50.060 for requirements |
|
B. Preexisting Developments/Alterations. Any development existing prior to the adoption of this section which does not satisfy the provisions of this section shall be considered a nonconforming use. Additions or alterations to these nonconforming uses shall require that landscaping be provided, as possible, commensurate with the extent of the alteration of addition, in compliance with the provisions of this section, provided that compliance with BMC 17.50.060 shall be required as a minimum.
C. Phased Projects. Phased projects include but are not limited to shopping centers, large site developments proceeding in phases, subdivisions, cluster developments, and business parks. Before construction permits are issued for the first phase of any phased project, conceptual approval of the landscaping plan for the site as a whole is required.
1. Final approval of the landscaping plan for each phase is required before construction permits are issued for a phase.
2. Landscaping along a frontage road or perimeter screening may be required to be installed in the first phase. Criteria to be considered in the decision include but are not limited to the following:
a. Timing of phases of a project, and
b. Proximity to residential areas.
D. A licensed landscape architect shall be required to prepare the landscaping plans and supervise the installation of landscaping for new development subject to environmental review. (Ord. 1260 § 19, 1994; Ord. 1199 § 1, 1992; Ord. 1162 § 6, 1990).
17.50.060 Street frontage requirements.
Planting areas along street frontage shall be as follows:
A. Minimum Width. Ten feet. When lot depth is less than 200 feet, the minimum width may be reduced to five percent of the lot depth, but not less than six feet in width.
B. Maximum Spacing. One tree for every 30 feet of road frontage shall be planted, either in groupings or evenly spaced, with ground cover or shrubs used liberally.
C. Plant Varieties. Trees utilized in this area shall be of varieties that do not conflict with underground and overhead utilities. These trees may be selected from the city’s suggested list of plant materials, or any approved equivalent, based upon the specific constraints of the site.
D. Street Tree Requirements. Plantings shall also comply with the adopted Burlington tree plan as now or hereafter amended. Where the Burlington tree plan differs from these requirements, the Burlington tree plan shall control. (Ord. 1260 § 20, 1994; Ord. 1162 § 7, 1990).
17.50.070 Perimeter landscaping.
Planting areas within side and rear yards which are not occupied by structures shall be as follows:
A. Minimum Width. Five feet, unless otherwise specified under the screening requirements of this chapter.
B. Exempt.
1. Areas adjacent to railroad rights-of-way on an industrial site shall be exempt.
2. Perimeter of industrial site or heavy commercial yard that is not substantially visible from the right-of-way or located where screening is required, shall be exempt, but in no case shall exceed the maximum 25 percent modification per BMC 17.50.100.
C. Planting Requirements. A minimum of one tree shall be planted for every 150 square feet, or fraction thereof, of perimeter planting area. See Burlington tree plan for perimeter planting in the right-of-way. Shrubs and ground cover plantings shall be in quantities and spacing that will provide for 80 percent ground coverage within three years. When applicable, the screening requirements under BMC 17.50.090 shall supersede the requirements of this subsection.
D. Connecting Driveways. When connecting, or joint driveways are provided between sites, the minimum area requirements under BMC 17.50.050A may be reduced by the area occupied by the driveway that would otherwise be landscaped under the requirements of this subsection. (Ord. 1260 § 21, 1994; Ord. 1199 § 2, 1992; Ord. 1162 § 8, 1990).
17.50.080 Parking lot landscaping.
The provisions of this section are intended to soften the visual effect created by large expanses of barren asphalt; increase the amount of permeable surface; and reduce the quantity and speed of runoff from the site.
A. Area of Application. The provisions of this section shall apply to the interior of parking areas providing 20 or more spaces.
B. Required Area. Fifteen square feet of landscaping per parking space, excluding perimeter spaces.
C. Minimum Width. Planting islands shall have a minimum average width of eight feet.
D. Location of Plantings Areas. Parking area landscaping shall be located at the ends of parking columns, between the parking stalls oriented in the same direction as the stalls, or between rows of parking to break up and define parking areas.
E. Tree and Shrub Requirements. A minimum of one tree shall be required for every 150 square feet, or fraction thereof, of required landscaped area. Deciduous trees shall have a clear trunk at least five feet above ground and a minimum size of two inches diameter breast high (dbh). Low shrubs shall be provided on the perimeter of the landscaping islands, in addition to other ground cover or flowers. Other landscape materials shall comply with the general provisions of this section.
F. Landscape Protection. Any trees, shrubs, or plants which are susceptible to damage by pedestrian or motor vehicles shall be protected by appropriate curbs, tree guards or other protective devices.
G. Pedestrian walkways may be included in landscaped areas and the standards of this section modified to accommodate them. (Ord. 1260 § 22, 1994; Ord. 1162 § 9, 1990).
17.50.090 Screening requirements.
When applicable, the requirements of this section shall supersede the requirements of other sections of this chapter.
A. Purpose. The requirements of this section are intended to reduce the visual impacts and incompatible characteristics of:
1. Abutting properties with different land use classifications;
2. Service areas and facilities, including loading and storage areas;
3. Parking areas located in front of buildings;
4. Any other use or area as required under this section or by the planning commission.
B. Landscaping. Screen planting shall consist of evergreen trees planted a maximum of 15 feet on center; deciduous trees for seasonal color and texture; and medium-sized shrubs (three to five feet at maturity) and ground cover plants at a density to form an effective barrier to cover 85 percent of the ground surface within two years.
C. Minimum Width. The screening area shall be 10 feet wide unless the use of an earth berm, fence, or wall is incorporated into the screening, as provided below:
1. Earth Berm Alternative. If an earth berm is incorporated into the screening plan, medium-sized shrubs and/or evergreen trees shall be spaced a maximum of 4.5 feet on center and the width of the screening area may be reduced to 10 feet.
2. Fence Alternative. If a fence option is selected, maximum spacing of medium-sized shrubs shall be six feet on center, and the width of the screening area may be reduced to seven feet. The fence shall be constructed of exterior weather-resistant wood, or acceptable alternative. If a cyclone fence is proposed, such fence shall include natural colored slats and shall be located so as to place the landscaping on the outside of the fence next to the buffered property or right-of-way.
3. Wall Alternative. If a wall at least five feet high is to be used for screening, the planting requirements shall be as specified under BMC 17.50.060C, and the screening area may be reduced to five feet. Screen walls shall be constructed with masonry, block, or textured concrete, subject to design approval by the planning director.
D. Uses Requiring Screening. The planning commission may require screening to protect adjacent properties from probable negative impacts of any permitted or conditional use in a district. Except as otherwise required by the planning commission, screening shall be required in the following instances:
1. Developments located in districts on the left side of the chart, below, shall provide screening when adjoining districts specified on the right side of the chart.
|
District to be Developed |
District to be Screened |
|
Multifamily Residential |
Single-family Residential |
|
Semi-Public |
All Residential |
|
Commercial/Business |
All Residential |
|
Industrial |
All Residential Commercial |
2. Mobile home parks shall have screening installed around the perimeter of the development in the required open space buffer, which shall not be less than 10 feet in width.
3. Churches, community clubhouses, and other similar conditional uses shall provide perimeter screening when adjoining a residential district.
4. Heavy industrial uses such as wrecking yards, gravel operations, concrete plants, lumber mills and similar uses shall provide screening at least 20 feet in width along property lines adjoining and residential, rural or agricultural district. (Ord. 1260 § 23, 1994; Ord. 1162 § 10, 1990).
17.50.100 Minor modifications.
A. Establishment of Committee. The planning director and chairperson of the planning commission, or designee, shall serve on the site plan review committee. In addition, the chairperson of the planning commission may appoint two additional members who have knowledge and interest in serving on this committee.
B. Purpose. The purpose of the site plan review committee (SPRC) is to review development proposals where full application of these landscaping regulations cannot be satisfied to consider minor modifications, substitutions and other methods deemed appropriate to meet the stated intent.
C. Procedures. Whenever a development proposal cannot meet the minimum requirements concerning the area to be landscaped due to lot size, configuration, topography, etc., or when minor modifications or substitutions are requested, a proposal shall be made on forms supplied by the planning director. Any reduction in the area landscaped shall not exceed 25 percent of the requirement specified under BMC 17.50.050(A). Upon receipt of a proposal, the planning director shall schedule an open meeting of the SPRC for the earliest time convenient to all parties. The proponent shall be notified of the meeting.
D. Powers of Committee. The SPRC, at its meeting, shall consider the merits of each request. The committee may approve modifications or substitutions so long as the committee shall observe the purpose and intent of these regulations under BMC 17.50.010, and the general standards under BMC 17.50.040. For any proposal not requiring a public hearing review by the planning commission, the committee may make the following decisions:
1. Approve the request as presented;
2. Approve the request with specific stipulated conditions;
3. Approve the request with minor or major modifications;
4. Request a revised plan;
5. Deny the request.
For any proposal involving a public hearing before the planning commission the action of the committee shall be a recommendation to the planning commission, who may or may not adopt the recommendation. The powers of the planning commission shall be the same as those of the committee in reviewing the request.
E. Appeal of Committee Action. Any applicant may appeal the decision of the site plan review committee to the planning commission under the plan review procedures of the zoning ordinance. (Ord. 1260 § 24, 1994; Ord. 1162 § 11, 1990).