Sec. 7.2.7. Design and Installation

  1. Certificate of Compliance Required
    1. The Development Services Director cannot issue a certificate of compliance until all landscaping has been installed in accordance with the requirements of this UDO.
    2. A temporary certificate of compliance may be issued when the Development Services Director determines that due to the unavailability of plant material or weather concerns, planting landscaping would jeopardize the health of plant materials for a period of up to 1 year following the date of application for a certificate of compliance. The applicant shall make the following arrangements to secure a temporary certificate of compliance.
      1. Produce a contract binding for 1 year from the date approved by the City, for the completion of the landscape work. Such contract shall specify that the work shall be completed before or during the year immediately following the date of application for a certificate of compliance. The City shall not be a party or a third party beneficiary to the contract.
      2. The applicant shall also agree in writing that they, their successors or assigns, shall provide the required planting within the one-year period, as a condition for obtaining a certificate of compliance for the principal use so long as the principal use shall continue. The applicant shall also agree that the principal use shall be discontinued if the required planting is not provided. Violations of these provisions shall constitute an unauthorized illegal occupancy of the principal use.
  2. Sight Triangle
    1. Landscaping shall not obstruct the views of motorists using any street, driveway, parking aisles or the approach to any street intersection.
    2. All landscaping installations must comply with the sight triangle requirements of the Raleigh Street Design Manual.
  3. Plant Material
    1. General Provisions
      1. Plant materials must be hardy to zone 7 in accordance with the U.S. Department of Agriculture's Plant Hardiness Zone Map.
      2. Plant materials must be able to survive on natural rainfall once established with no loss of health.
      3. Tree height is measured from the top of the root ball to the tip of the main stem.
      4. Trees cannot be planted within a tree conservation area or the critical root zone of an existing tree.
    2. Shade Trees
      1. All shade trees planted to meet the landscaping requirements must be a locally adapted species with an expected mature height of 35 feet or greater and an expected mature crown spread of at least 30 feet or greater unless subject to an overhead power line in which case the mature height may be less.
      2. All shade trees planted to meet the landscaping requirements must have a minimum caliper of 3 inches and be at least 10 feet tall at time of planting.
    3. Understory Trees
      1. Understory trees planted to meet the landscaping requirements must be a locally-adapted species with an expected mature height of at least 15 feet and an expected mature crown spread of at least 15 feet.
      2. Single-stem understory trees planted to meet the landscaping requirements must have a minimum caliper of 1½ inches and be at least 6 feet tall at time of planting.
      3. Multi-stem understory trees planted to meet the landscaping requirements must be at least 6 feet tall at time of planting.
    4. Additional Requirements for Trees in a Protective Yard
      1. In a protective yard, 50% of required trees shall be locally-adaptive evergreen species, except where an approved GSI practice is within a protective yard.
      2. Trees shall be distributed so that there are no horizontal gaps between trees greater than 30 feet, measured along the property line.
    5. Shrubs
      1. Parking Area
        In a parking area, all shrubs planted to meet the landscaping requirements shall be of a species that under typical conditions can be expected to reach a height and spread of 3 feet within three years of planting. All shrubs shall be a minimum of 18 inches tall when planted.
      2. Protective Yard
        1. In a protective yard, all shrubs planted to meet the landscaping requirements shall be evergreen and be of a species that under typical conditions can be expected to reach a height and spread of three feet within 3 years of planting. All shrubs shall be a minimum of 18 inches tall when planted.
        2. Shrubs planted in a Type C2 street protective yard shall be of species that under typical conditions can be expected to reach a height and spread of 5 feet within three years of planting. All shrubs shall be a minimum of three feet tall when planted.
        3. In a street protective yard, shrub planting must form at least 1 continuous row of shrubs spaced five feet on center across the entire protective yard except for driveways.
        4. Shrubs cannot be planted within the critical root zone of any tree.
        5. Where a protective yard is also a tree conservation area, shrubs must be planted adjacent to and outside the tree conservation area.
        6. To accommodate multi-functional GSI practices as part of an approved stormwater management plan, the number of shrubs may be reduced in Protective Yards by 10%, non-evergreen species may be used in lieu of up to 35% of evergreen shrubs, and all shrubs may be 24 inches when planted.
    6. Planting in Easements
      No required landscaping or screening shall be planted inside utility and drainage easements, excluding overhead easements, without the consent of the City and the easement holder.
  4. Maintenance of Landscaping
    1. Responsibility
      The owner or tenant is responsible for maintaining all required landscaping in good health. Any dead, unhealthy or missing landscaping must be replaced with landscaping that conforms to this UDO within 30 days (or within 180 days where weather concerns would jeopardize the health of plant materials). In the event that required landscape is severely damaged due to an unusual weather occurrence or other act of nature, the owner or tenant may have 2 years to replace the required landscaping.
    2. Soil Erosion
      All planting areas must be stabilized from soil erosion immediately upon planting and must be maintained for the duration of the use.
    3. Pruning and Trimming
      1. All required landscaping shall be allowed to reach its required size and shall be maintained at that required size.
      2. Except for trimming and pruning done in strict accordance with the terms, conditions and provisions of a permit issued by the Parks and Cultural Resources Department or pruning and trimming done under an issued permit in strict accordance with the line clearance policies and standards governing such activities established pursuant to Part 9, chapter 8, required landscaping shall not be cut or excessively trimmed or otherwise damaged so that their natural form is impaired.
      3. A violation of this section shall subject the violator to a civil penalty of a minimum of $1,000 for the first tree plus $100 per caliper inch of any other tree unlawfully pruned damaged or excessively trimmed.
      4. This civil penalty shall be processed as set forth in Sec. 10.4.2. In addition to this civil penalty, if more than 50% of the crown of a tree is removed within a continuous five-year period or more than 40% of the critical root zone of the tree is subjected to tree disturbing activity or if more than one-third of the circumference of the tree is exposed by pruning cuts, the owner of real property, where a violation has occurred, shall replace each unlawfully pruned or other mechanically wounded, damaged, excessively trimmed or removed tree with a tree or trees of equal diameter.
      5. Any replacement tree shall have a minimum caliper of three inches and be at least 10 feet tall at time of planting. Any replacement tree not planted in the original location shall be planted in a planting area of at least 200 square feet in area with minimum dimension of 10 feet.
      6. If the property of which the violation has occurred fails to contain sufficient land area to replant the required replacement trees and replacement trees cannot be planted on adjoining street right-of-way, then in lieu of such replacement trees, a fee equal to $100 per caliper inch of replacement trees shall be paid to the City.
      7. The Parks and Cultural Resources Director may require crown restoration and crown reduction for any unlawfully pruned damaged or excessively trimmed tree. All such corrective pruning shall be done under the supervision of a certified arborist.
    4. Excessively Trimmed
      The pruning, cutting or otherwise damaging of the natural form of a tree when it meets one or more of the following.
      1. Removes more than 25% of the crown system of a tree within a continuous 5-year period.
      2. Removes, cuts or covers more than 25% of the root system of a tree within a continuous five-year period.
      3. Fails to conform to the pruning cuts methods set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance—Standard Practices" of the American National Standards Institute.
      4. Is made for a purpose other than "hazard pruning," or "utility pruning," or "maintenance pruning" as set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance—Standard Practices" of the American National Standards Institute.
      5. Is crown reduction, heading, vista pruning or pollarding as set forth in the current edition of "Tree, Shrub and Other Woody Plant Maintenance— Standard Practices" of the American National Standards Institute.
  5. Credit for Existing Vegetation
    1. Existing trees and shrubs that meet the requirements of this Article may be preserved to satisfy the landscaping requirements.
    2. Credit toward the required number of trees or shrubs will be given on a tree-for-tree basis for each preserved tree or shrub. Where existing native vegetation does not meet the required landscaping standards, landscaping that meets the requirements of this Article must be installed.
    3. No credit is allowed for any tree or shrub if the tree or shrub is unhealthy or dead or is hazardous. The death of or replacement of any preserved tree or shrub which was used for credit requires the owner to plant new trees equal to the number of credited trees; such plantings must meet the requirements of this Article.
    4. In the event that existing native habitat or vegetation has been credited and is subsequently removed or dies, it shall be replaced with landscaping that meets the requirements of this Article.
    5. Supplemental landscaping may be required, if it can be reasonably inferred that after five years, the existing native habitat or vegetation will not continually provide a year-round foliage screen between properties.
    6. The critical root zone of each preserved tree must be entirely protected with no tree disturbing activity within any critical root zone.
    7. During construction, tree protection fences must be used.
  6. Replacement by Condemnor
    Whenever any condemnor acquires property through eminent domain it shall be the responsibility of the condemnor to replace, in accordance with the provisions of this UDO, those complying elements which were removed unless a less stringent standard is required.